Bowser v. Nationwide Ins. Co.

1997 Ohio 50, 77 Ohio St. 3d 372

Opinion

[This opinion has been published in Ohio Official Reports at 77 Ohio St.3d 372.]

BOWSER ET AL., APPELLEES AND CROSS-APPELLANTS, V. NATIONWIDE INSURANCE COMPANY, APPELLANT AND CROSS-APPELLEE.

[Cite as Bowser v. Nationwide Ins. Co., 1997-Ohio-50.]

Insurance—Automobile liability—Each person covered by an uninsured motorist policy who is asserting a claim for loss of consortium has a separate claim subject to a separate per person policy limit—Provision in insurance policy that reaches a contrary result is unenforceable.

(No. 96-1424—Submitted December 11, 1996—Decided January 29, 1997.) APPEAL and CROSS-APPEAL from the Court of Appeals for Montgomery County, No. CA-15251.

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Froelich & Weprin, L.P.A., and Gary L. Froelich, for appellees and crossappellants . Jenks, Surdyk & Cowdrey Co., L.P.A., and Edward Dowd, for appellant and cross-appellee.

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{¶ 1} The discretionary appeal is denied.

{¶ 2} The discretionary cross-appeal is allowed.

{¶ 3} The judgment of the court of appeals on cross-appeal is reversed, and the cause is remanded to the trial court for further proceedings on the authority of Schaefer v. Allstate Ins. Co. (1996), 76 Ohio St.3d 553, 668 N.E.2d 913. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.

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