OBLIC has recently learned that at least one major Ohio-based auto insurer is attempting to contractually limit the time to file uninsured or underinsured claims by its policyholders to two years from the date of the accident, rather than the three-year period provided in Revised Code 3937.18(H).  This change appears to potentially impact auto policies issued or renewed after September 2, 2020 (the date of its filing of such change with the Ohio Department of Insurance “ODI”).  Although this submission is under further review by ODI, Ohio is a “file and use” state, meaning that an insurer can file and use a policy change or amendment without first receiving specific approval for such from the Department of Insurance.

Lawyers representing injured clients who may have uninsured or underinsured claims should immediately review their client’s motor vehicle insurance policy to determine if the insurer has contractually limited the time to bring such claims to two years (or some other time period), rather than the three-year limitation period often found in Ohio auto insurance policies, and protect any claims or potential claims that might be impacted by such a shortened time period.