Foss v. Cincinnati Ins. Cos., Unpublished Decision (3-31-2006)

{¶ 35} As to Assignment of Error I, I concur in the results of Judge Farmer's opinion, but not in the reasoning.

{¶ 36} Appellant has paid a premium in Ohio for uninsured motorist coverage.

{¶ 37} The only reason that the issue of the existence of the accident being caused by an uninsured driver (the husband) is because Indiana has a guest statute.

{¶ 38} If Indiana's laws were identical to Ohio's, the uninsured policy provision would be inapplicable.

{¶ 39} The conflict of laws question is not applicable.

{¶ 40} I concur in Assignment of Error II.

JUDGEMENT ENTRY For the reasons stated in our accompanying Memorandum-Opinion, the judgment of the Court of Common Pleas of Stark County, Ohio is affirmed.