# Nobles v. Wolf

> Ohio Supreme Court · October 10, 1990 · 54 Ohio St. 3d 75

URL: https://www.frixlaw.com/law-library/cases/6762664

## Case

- **Full name:** Nobles v. Wolf, Appellee Hamilton Mutual Insurance Company, and
- **Court:** Ohio Supreme Court
- **Decided:** October 10, 1990
- **Citations:** 54 Ohio St. 3d 75; 562 N.E.2d 144; 1990 Ohio LEXIS 1141
- **Precedential status:** Published
- **Opinion:** Concurrence by Resnick
- **Judges:** Brown, Douglas, Holmes, Moyer, Resnick, Sweeney, Wright
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6762664

## Opinion text

Alice Robie Resnick, J.,
concurring. I concur since this case is factually distinguishable from State Farm Mut. Auto. Ins. Co. v. Webb (1990), 54 Ohio St. 3d 61 , 562 N.E. 2d 132 , decided this day. The distinguishing factor in this case is the nonapplicability of R.C. 3937.18(D).
R.C. 3937.18(D) provides as follows:
“For the purpose of this section, a motor vehicle is uninsured if the liability insurer denies coverage or is or becomes the subject of insolvency proceedings in any jurisdiction.”
In the present case, both parties stipulated that the tortfeasor’s insurance company has not denied coverage. However, in Webb, supra, the record clearly demonstrated that the tortfeasor’s insurance company had denied coverage. Since the tortfeasor’s insurance company did not deny coverage in the instant case, R.C. 3937.18(D) is not applicable. Therefore, the tortfeasor is not an uninsured motorist under R.C. 3937.18(D).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6762664. Public record. Not legal advice.