Kirk Delli Bovi was killed when the helicopter in which he was riding crashed near Salem, Ohio. At the time of his death, he had three policies providing accidental death, UM/UIM benefits and umbrella coverages. Two of those policies had been issued by Pacific Indemnity and Auto Owners Mutual. His widow filed actions for declaratory judgments in the federal court asking for declarations that the policies provided UIM benefits for losses sustained because of the accident. The companies denied liability on the ground that the UIM provisions in their policies did not cover helicopters since helicopters were not "motor vehicles" within the meaning of the UIM coverage.

The United States District Court, Northern District of Ohio, Eastern Division, noted that there was no controlling precedent under Ohio law and certified two questions to the Supreme Court of Ohio:

(1) Is a helicopter a "motor vehicle" under Ohio Revised Code 4501.01 for purposes of the mandatory underinsured motorist coverage set forth in Ohio Revised Code 3937.18?

(2) Does the word "land," incorporated by reference in the form Auto-Owners policy, impermissibly modify the words "motorized vehicle" so as to eliminate UIM coverage mandated by Ohio revised Code 3937.18?

The higher court believed that the General Assembly intended both statutes to apply only to policies that insured against liability arising from the ownership or operation of "vehicles" used for transportation on the highway. Since a helicopter does not travel on a highway, the court ruled that a helicopter was not a "motor vehicle" subject to a "motor vehicle" liability policy of insurance under R.C.3937.18(A). The court continued that since the statute does not require that insurance companies offer UIM coverage for vehicles that cannot be used on the highway, insurance providers may contractually limit UIM coverage to motorized land vehicles. Therefore, both questions were answered in the negative. (Three Justices dissented and filed dissenting opinions.)

Delli Bovi, Executor v. Pacific Indemnity Company, et al.--Nos. 98-21, 98-23--Supreme Court of Ohio--April 28, 1999--708 North Eastern Reporter 693