Opinion

Sumwalt v. Allstate Insurance

  • 12 Ohio St. 3d 294
  • 12 Ohio B. 368
  • 466 N.E.2d 544
  • 1984 Ohio LEXIS 1212
Court
Ohio Supreme Court
Filed
Aug 1, 1984
Status
Published
Author
Brown
On the bench
Brown, Celebrezze, Holmes, Locher, Only, Sweeney, Syllabus
Cited by
30 cases
Authority
More cited than 15.1%

parent-child immunity in Ohio no bar to recovering under uninsured motorist coverage in Ohio

How later courts described this case

  • parent-child immunity in Ohio no bar to recovering under uninsured motorist coverage in Ohio

Written by the judges who cited it.

The opinion

William B. Brown, J.,

concurring. This case involves, first and foremost, a question of the continued viability of intrafamily immunity. Indeed, it is unnecessary to indulge in the convoluted interpretation of the phrase “legally entitled to recover” until it has first been determined that intrafamily immunity would otherwise bar the action.

I have repeatedly made my position on the issue of intrafamily immunity clear. See Dorsey v. State Farm Mut. Auto. Ins. Co. (1984), 9 Ohio St. 3d 27, 30 (William B. Brown, J., concurring); Mauk v. Mauk (1984), 12 Ohio St. 3d 156, 160 (William B. Brown, J., dissenting). It is therefore unnecessary for me to repeat my prior concerns.

I concur in judgment only.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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