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The named driver exclusion is void in a commercial motor vehicle insurance policy, the Court of Special Appeals has said.
Under the decision, Harleysville Mutual Insurance Co. may be liable for as much as $1.7 million, - the capped amount of a jury's $6 million award to Keith Zelinski's family - even though its policy excluded the driver who caused the accident.
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uninsured/underinsured motorist coverage; R.C. 3937.18 as amended by H.B. 261; proper offer of UM coverage under former R.C. 3937.18(C) (H.B. 261) and Linko; UM coverage by operation of law; other-owned auto exclusion; determination of applicable policy period under Wolfe; whether commercial general liability policy is a motor vehicle liability policy of insurance under (H.B. 261) R.C. 3937.18(L)(1) where coverge provided for parked autos.
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Company Announces Establishment of a New Insurance Agency Company . Company Revises Guidance for Year...
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The application of Linko v. Indem. Ins. Co. of N. Am. (2000), 90 Ohio St.3d 445 as permitted Kemper v. Michigan Millers Ins. Co. (2002), 98 Ohio St.3d 162, renders an employer's rejection of UM/UIM coverage invalid. Under a fronting agreement, a business can be self-insured in the "practical sense" up to the amount of the deductible in the commercial insurance policy. Exclusions and restrictions in a motor vehicle liability policy are inapplicable to UM/UIM coverage that is imposed by operation of law.
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Puzzled about something in our area? "Did You Ever Wonder?" is here to help. Send your questions to the address below.
QUESTION: In your recent Q&A on pizza delivery people, you covered inhouse rules real good, but you weren't asked about the insurance requirements for the delivery vehicles. When the delivery people place a pizza sign on their vehicle, that vehicle becomes a commercial vehicle requiring other insurance.
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Declaratory judgment; summary judgment; R.C. 3938.18; uninsured and underinsured motorist (UM/UIM) coverage; commercial general liability (CGL) policy; “automobile liability or motor vehicle liability policy of insurance”; Am.Sub.H.B. No. 261; R.C. 3937.18(L); “parking autos” coverage; “mobile equipment” coverage
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... nonadmitted coverage for an exempt commercial purchaser2 shall not be required to make a due dil... of insurance include commercial motor vehicle insurance covering a fleet of 20 or more self-prop...
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The trial court properly determined that a certain commercial liability policy was not an automobile liability or motor vehicle policy of insurance because the policy did not specifically identify the motor vehicles in the policy of insurance. Jump v. Nationwide Ins. Co. (Nov. 2, 2001), Montgomery App. No. 18880, followed.
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...PROGRESSIVE CASUALTY INSURANCE COMPANY,. PROGRESSIVE EXPRESS INSURANCE COMPANY,. ... tractor-trailer rear-ended Bobby Waters' vehicle. The issues on appeal concern whether Miller's com... Florida law, motor carriers operating commercial vehicles interstate must register directly with th...
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In a reasonably sane world there would have been no perceived need for HR 5382, the Commercial Space Launch Amendments Act of 2004, which passed the Senate during the final minutes of the recent lame-duck session and awaits President Bush's signature. Given the world we live in, however, it offers a fairly sensible approach to the private space race that is emerging in the wake of the successful suborbital flight of SpaceShipOne, honchoed by legendary aircraft designer Burt Rutan and his team over the Mojave Desert earlier this year.
In the real world, everybody knows that for those who want to go into space on a privately launched vehicle, the incentives for safety are built in and would be more effective than anything government regulation could provide. Anybody with $20,000 or $50,00...