Shearer v. Motorists Mut. Ins. Co.

53 Ohio St.2d 1, 371 N.E.2d 210 (1978)

Shearer was involved in a car accident with an uninsured motorist. Shearer was awarded compensation for her injuries under her own uninsured motorist coverage. Her insurance company attempted to cheat her by deducting from that award the amount it paid her under her medical payments coverage. Shearer sued her insurance company for reducing her award.

The Supreme Court of Ohio held that the insurance company could not reduce the award by the amount already paid for medical expenses. In other words, Shearer and all Ohio citizens are entitled to both uninsured motorist benefits and medical payment benefits.