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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 595
2025-2026
Representatives Mohamed, Williams
Cosponsors: Representatives Brennan,
Upchurch
To
amend section 3937.18 of the Revised Code
to
require all motor vehicle insurance policies to include uninsured
motorist coverage.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 3937.18 of the Revised Code be amended to read as follows:
Sec.
3937.18.
(A)
Any policy of insurance delivered or issued for delivery in this
state with respect to any motor vehicle registered or principally
garaged in this state that insures against loss resulting from
liability imposed by law for bodily injury or death suffered by any
person arising out of the ownership, maintenance, or use of a motor
vehicle
,
may, but is not required to,
shall
include uninsured motorist coverage,
and
may, but is not required to, include
underinsured
motorist coverage
,
or both uninsured and underinsured motorist coverages
.
Unless
otherwise defined in the policy or any endorsement to the policy,
"motor vehicle," for purposes of the uninsured motorist
coverage, underinsured motorist coverage, or both uninsured and
underinsured motorist coverages, means a self-propelled vehicle
designed for use and principally used on public roads, including an
automobile, truck, semi-tractor, motorcycle, and bus. "Motor
vehicle" also includes a motor home, provided the motor home is
not stationary and is not being used as a temporary or permanent
residence or office. "Motor vehicle" does not include a
trolley, streetcar, trailer, railroad engine, railroad car, motorized
bicycle, golf cart, off-road recreational vehicle, snowmobile, fork
lift, aircraft, watercraft, construction equipment, farm tractor or
other vehicle designed and principally used for agricultural
purposes, mobile home, vehicle traveling on treads or rails, or any
similar vehicle.
(B)(1)
For purposes of any uninsured motorist coverage included in a policy
of insurance, an "uninsured motorist" is the owner or
operator of a motor vehicle if any of the following conditions
applies:
(a)
There exists no bodily injury liability bond or insurance policy
covering the owner's or operator's liability to the insured.
(b)
The liability insurer denies coverage to the owner or operator, or is
or becomes the subject of insolvency proceedings in any state.
(c)
The identity of the owner or operator cannot be determined, but
independent corroborative evidence exists to prove that the bodily
injury, sickness, disease, or death of the insured was proximately
caused by the negligence or intentional actions of the unidentified
operator of the motor vehicle. For purposes of division (B)(1)(c) of
this section, the testimony of any insured seeking recovery from the
insurer shall not constitute independent corroborative evidence,
unless the testimony is supported by additional evidence.
(d)
The owner or operator has diplomatic immunity.
(e)
The owner or operator has immunity under Chapter 2744. of the Revised
Code.
(2)(a)
A policy of motor vehicle insurance or a program of self-insurance
covering motor vehicles shall not exclude a person who is provided
immunity under Chapter 2744. of the Revised Code from the definition
of "uninsured motorist" used in the policy or program.
(b)
Division (B)(2)(a) of this section applies to all policies of motor
vehicle insurance amended, issued, or renewed, as well as all
programs of self-insurance in operation on and after, six months
after
the
effective date of this amendment
March
14, 2023
.
(c)
The amendments to division (B)(2) of this section made by S.B. 56 of
the 134th general assembly are not to be construed as affecting a
policy of motor vehicle insurance or a program of self-insurance
covering motor vehicles except to the limited extent provided in
those amendments and no other changes are to be implied.
(3)
An "uninsured motorist" does not include the owner or
operator of a motor vehicle that is self-insured within the meaning
of the financial responsibility law of the state in which the motor
vehicle is registered.
(C)
If underinsured motorist coverage is included in a policy of
insurance, the underinsured motorist coverage shall provide
protection for insureds thereunder for bodily injury, sickness, or
disease, including death, suffered by any insured under the policy,
where the limits of coverage available for payment to the insured
under all bodily injury liability bonds and insurance policies
covering persons liable to the insured are less than the limits for
the underinsured motorist coverage. Underinsured motorist coverage in
this state is not and shall not be excess coverage to other
applicable liability coverages, and shall only provide the insured an
amount of protection not greater than that which would be available
under the insured's uninsured motorist coverage if the person or
persons liable to the insured were uninsured at the time of the
accident. The policy limits of the underinsured motorist coverage
shall be reduced by those amounts available for payment under all
applicable bodily injury liability bonds and insurance policies
covering persons liable to the insured.
For
purposes of underinsured motorist coverage, an "underinsured
motorist" does not include the owner or operator of a motor
vehicle that has applicable liability coverage in the policy under
which the underinsured motorist coverage is provided.
(D)
With respect to the uninsured motorist coverage, underinsured
motorist coverage, or both uninsured and underinsured motorist
coverages included in a policy of insurance, an insured shall be
required to prove all elements of the insured's claim that are
necessary to recover from the owner or operator of the uninsured or
underinsured motor vehicle.
(E)
The uninsured motorist coverage, underinsured motorist coverage, or
both uninsured and underinsured motorist coverages included in a
policy of insurance shall not be subject to an exclusion or reduction
in amount because of any workers' compensation benefits payable as a
result of the same injury or death.
(F)
Any policy of insurance that includes uninsured motorist coverage,
underinsured motorist coverage, or both uninsured and underinsured
motorist coverages may, without regard to any premiums involved,
include terms and conditions that preclude any and all stacking of
such coverages, including but not limited to:
(1)
Interfamily stacking, which is the aggregating of the limits of such
coverages by the same person or two or more persons, whether family
members or not, who are not members of the same household;
(2)
Intrafamily stacking, which is the aggregating of the limits of such
coverages purchased by the same person or two or more family members
of the same household.
(G)
Any policy of insurance that includes uninsured motorist coverage,
underinsured motorist coverage, or both uninsured and underinsured
motorist coverages and that provides a limit of coverage for payment
of damages for bodily injury, including death, sustained by any one
person in any one automobile accident, may, notwithstanding Chapter
2125. of the Revised Code, include terms and conditions to the effect
that all claims resulting from or arising out of any one person's
bodily injury, including death, shall collectively be subject to the
limit of the policy applicable to bodily injury, including death,
sustained by one person, and, for the purpose of such policy limit
shall constitute a single claim. Any such policy limit shall be
enforceable regardless of the number of insureds, claims made,
vehicles or premiums shown in the declarations or policy, or vehicles
involved in the accident.
(H)
Any policy of insurance that includes uninsured motorist coverage,
underinsured motorist coverage, or both uninsured and underinsured
motorist coverages may include terms and conditions requiring that,
so long as the insured has not prejudiced the insurer's subrogation
rights, each claim or suit for uninsured motorist coverage,
underinsured motorist coverage, or both uninsured and underinsured
motorist coverages be made or brought within three years after the
date of the accident causing the bodily injury, sickness, disease, or
death, or within one year after the liability insurer for the owner
or operator of the motor vehicle liable to the insured has become the
subject of insolvency proceedings in any state, whichever is later.
(I)
Any policy of insurance that includes uninsured motorist coverage,
underinsured motorist coverage, or both uninsured and underinsured
motorist coverages may, subject to section 3937.46 of the Revised
Code, include terms and conditions that preclude coverage for bodily
injury or death suffered by an insured under specified circumstances,
including but not limited to any of the following circumstances:
(1)
While the insured is operating or occupying a motor vehicle owned by,
furnished to, or available for the regular use of a named insured, a
spouse, or a resident relative of a named insured, if the motor
vehicle is not specifically identified in the policy under which a
claim is made, or is not a newly acquired or replacement motor
vehicle covered under the terms of the policy under which the
uninsured motorist coverage, underinsured motorist coverage, or both
uninsured and underinsured motorist coverages are provided;
(2)
While the insured is operating or occupying a motor vehicle without a
reasonable belief that the insured is entitled to do so, provided
that under no circumstances will an insured whose license has been
suspended, revoked, or never issued, be held to have a reasonable
belief that the insured is entitled to operate a motor vehicle;
(3)
When the bodily injury or death is caused by a motor vehicle operated
by any person who is specifically excluded from coverage for bodily
injury liability in the policy under which the uninsured motorist
coverage, underinsured motorist coverage, or both uninsured and
underinsured motorist coverages are provided;
(4)
While any employee, officer, director, partner, trustee, member,
executor, administrator, or beneficiary of the named insured, or any
relative of any such person, is operating or occupying a motor
vehicle, unless the employee, officer, director, partner, trustee,
member, executor, administrator, beneficiary, or relative is
operating or occupying a motor vehicle for which uninsured motorist
coverage, underinsured motorist coverage, or both uninsured and
underinsured motorist coverages are provided in the policy;
(5)
When the person actually suffering the bodily injury, sickness,
disease, or death is not an insured under the policy.
(J)
In the event of payment to any person under the uninsured motorist
coverage, underinsured motorist coverage, or both uninsured and
underinsured motorist coverages, and subject to the terms and
conditions of that coverage, the insurer making such payment is
entitled, to the extent of the payment, to the proceeds of any
settlement or judgment resulting from the exercise of any rights of
recovery of that person against any person or organization legally
responsible for the bodily injury or death for which the payment is
made, including any amount recoverable from an insurer that is or
becomes the subject of insolvency proceedings, through such
proceedings or in any other lawful manner. No insurer shall attempt
to recover any amount against the insured of an insurer that is or
becomes the subject of insolvency proceedings, to the extent of those
rights against the insurer that the insured assigns to the paying
insurer.
(K)
Nothing in this section shall prohibit the inclusion of underinsured
motorist coverage in any uninsured motorist coverage included in a
policy of insurance.
(L)
The superintendent of insurance shall study the market availability
of, and competition for, uninsured and underinsured motorist
coverages in this state and shall, from time to time, prepare status
reports containing the superintendent's findings and any
recommendations. The first status report shall be prepared not later
than two years after October 31, 2001. To assist in preparing these
status reports, the superintendent may require insurers and rating
organizations operating in this state to collect pertinent data and
to submit that data to the superintendent.
The
superintendent shall submit a copy of each status report to the
governor, the speaker of the house of representatives, the president
of the senate, and the chairpersons of the committees of the general
assembly having primary jurisdiction over issues relating to
automobile insurance.
Section
2.
That
existing section 3937.18 of the Revised Code is hereby repealed.