Niece v. Natl. Ins. Assn. - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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OPINIONS OF THE SUPREME COURT OF OHIO
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Niece, Appellant, v. National Insurance Association, Appellee.
[Cite as Niece v. Natl. Ins. Assn. (1994), Ohio St.3d .]
Automobile liability insurance -- Provision in policy for
uninsured/underinsured motorist coverage which precludes
insured from commencing any action against insurance
carrier for payment of uninsured/underinsured motorist
benefit, unless the insured has commenced suit or demanded
arbitration within one year from the date of the accident,
is void as against public policy.
(No. 94-565 -- Submitted July 27, 1994 -- Decided August
31, 1994.)
Appeal from the Court of Appeals for Franklin County, No.
93APE08-1122.

Lamkin, Van Eman, Trimble, Beals & Rourke and Timothy Van
Eman, for appellant.
Ulmer & Berne and Edwin J. Hollern, for appellee.

The judgment of the court of appeals is reversed and the
cause is remanded to the trial court to apply Miller v.
Progressive Cas. Ins. Co. (1994), 69 Ohio St.3d 619,
N.E.2d .
Moyer, C.J., A.W. Sweeney, Douglas, Resnick, F.E. Sweeney
and Pfeifer, JJ., concur.
Wright, J., dissents.
Wright, J., dissenting. I respectfully dissent for the
reasons I expressed in my dissent in Miller v. Progressive Cas.
Ins. Co. (1994), 69 Ohio St.3d 619, 625-627, 635 N.E.2d 317,
322-323.