Wilburn v. Allstate Ins. Co.
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WILBURN ET AL., APPELLEES, V. ALLSTATE INSURANCE COMPANY, APPELLANT. [Cite as Wilburn v. Allstate Ins. Co. (1996), ___ Ohio St.3d ___.] Insurance -- Uninsured motorist provision -- R.C. 3937.18 and public policy preclude contract provision requiring physical contact for recovery. (Nos. 95-824 and 95-825 -- Submitted April 15, 1996 -- Decided May 15, 1996.) CERTIFIED by and APPEAL from the Court of Appeals for Butler County, No. CA94-06-135. _________ Bressler, Shanks & Gelding Co., L.P.A., and Harvey Joel Bressler, for appellees. Heath & Associates and James V. Heath, for appellant. _________ The judgment of the court of appeals is affirmed on the authority of Girgis v. State Farm Mut. Auto. Ins. Co. (1996), 75 Ohio St.3d 302, ___ N.E.2d ___, and the cause is remanded to the trial court for further proceedings not inconsistent with Girgis. MOYER, C.J., DOUGLAS, RESNICK and PFEIFER, JJ., concur. F.E. SWEENEY, J., dissents for the reasons stated in his opinion concurring in part and dissenting in part in Girgis v. State Farm Mut. Auto. Ins. Co. (1996), 75 Ohio St.3d 302, 309-312, ___ N.E.2d ___, ___. COOK, J., dissents. STRATTON, J., not participating. 2
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