Is Insurance Policy Wording Ambiguous Regarding UM/UIM Coverage for Occupant With Own Policy?
Linda B. Wohl v. Tyler C. Swinney et al., Case no. 2007-0593 12th District Court of Appeals (Butler County) ISSUE: This case involves a dispute about whether the wording of an auto insurance policy is ambiguous about who it covers for uninsured/underinsured motorist (UM/UIM) claims, and therefore requires the company to provide UIM coverage for a non-family member of a policyholder who was driving the policyholder’s car with her permission at the time of an accident. BACKGROUND: James Slattery was driving a car owned by Linda Wohl, with Wohl riding in the car as a passenger, when they were struck by another vehicle. Both suffered serious injuries. The driver of the other vehicle, Tyler Swinney, was determined to be at fault. Swinney’s insurance company settled with Wohl and Slattery for the $500,000 limits of his liability coverage, with all but $1 of that amount allocated to Wohl. Slattery then filed a claim against Wohl’s auto insurance policy with Motorists Mutual Insurance, seeking
