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15 Ohio St. L.J. 150 (1954)
The Case against Compulsory Automobile Insurance

handle is hein.journals/ohslj15 and id is 160 raw text is: The Case Against Compulsory Automobile
Insurance
C. D. MCVAY*
With the coming of the automobile, there arose a need for a
type of insurance that would protect both the owner and operator
from loss by reason of the legal liability arising out of the use of
their cars. The automobile liability insurance policy was provid-
ed by the private insurance industry to meet this need. With the
growth of automobile production and the almost universal use
of motor vehicles, the private insurance industry has kept pace.
Its policies have been broadened and liberalized. Its services are
available everywhere and at all times. The standard automobile
liability policy is one of the broadest policies sold by insurance
companies. Back of this insurance there has been created and de-
veloped a vast and sound system of private insurance, equipped
and organized to provide the insuring public with the protection
which it requires. The automobile liability policy is not an ac-
cident policy. It is a contract between the company and the in-
sured to insure him against loss by reason of his legal liability.
It is entered into on a voluntary basis.
For over 25 years, state legislatures throughout the country
have considered from time to time, the matter of monetary losses
resulting from automobile accidents caused by persons who are
not financially responsible. The Commonwealth of Massachusetts
in 1925 enacted a Compulsory Automobile Liability Insurance
Law. This law requires the owner of a motor vehicle to purchase
bodily injury liability insurance before registering his car. Com-
pulsory automobile liability insurance has been the subject of in-
vestigation and study by state legislatures and legislative com-
missions repeatedly throughout the years, but the system outside
of Massachusetts has been consistently rejected. At the present
time, an effort, backed by the state administration, is being made
to have the legislature of the State of New York enact a Compul-
sory Automobile Liability Insurance Law.
In 1937, the State *of New Hampshire enacted what has come
to be known as a security type Financial Responsibility Law.
Since then a similar type law has been enacted in forty-three other
states and the Territory of Hawaii.' Ohio enacted such a law in
* President, The Ohio Farmers' Companies, LeRoy, Ohio; President, Me-
dma County Bar Association; Member of the Ohio Bar.
I Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delavrare,
Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine,
Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Ne-

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