NAII Motion to File Amicus Brief Denied In

January 26, 2001

The Ohio Supreme Court has refused to consider input from the insurance industry urging that it review a recent court case that could threaten the solvency of many small insurance companies writing commercial automobile coverage in the state.

A motion to file a “friend of the court” brief by the National Association of Independent Insurers was denied by the Ohio Supreme Court. NAII sought to provide the court with information and analysis to aid their potential reconsideration of the Linko v. Indemnity Insurance Company of North America case that involves the rejection of uninsured/underinsured motorist coverage by a corporation.

“It is disappointing, but not surprising that the court refused to consider information that would provide it with a more complete picture of what their decision will mean for the business community and insurers,” said Robert Hurns, counsel for NAII. The denial of NAII’s motion however does not end the association’s efforts.

“We will be considering other legal and legislative options now that the court has refused to accept our brief. The court’s ruling may mean that insurance companies will have to provide uninsured and underinsured motorist coverage to thousands of businesses throughout the state whether they paid for it or not,” Hurns said.

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