Hillyer v. Great Am. Ins. Co.

1998 Ohio 478, 82 Ohio St. 3d 1224

Opinion

[This opinion has been published in Ohio Official Reports at 82 Ohio St.3d 1224.]

HILLYER ET AL., APPELLANTS, v. GREAT AMERICAN INSURANCE COMPANY, APPELLEE. [Cite as Hillyer v. Great Am. Ins. Co., 1998-Ohio-478.] Motor vehicles—Insurance—Applicability of Ross v. Farmers Ins. Group of Cos. to claim for damages against tortfeasor’s automobile liability insurance policy to be briefed. (No. 97-2200—Submitted June 24, 1998—Decided July 22, 1998.) APPEAL from the Court of Appeals for Lake County, No. 96-L-148. __________________ Friedman, Domiano & Smith Co., L.P.A., and Jeffrey H. Friedman, for appellants. Ulmer & Berne LLP, Murray K. Lenson and Jeffrey R. Sadlowski, for appellee. __________________ {¶ 1} The parties are ordered to consider and brief the issue whether the underlying premise of Ross v. Farmers Ins. Group of Cos. (1998), 82 Ohio St.3d 281, ___ N.E.2d ___, that the statutory law in effect at the time of entering into a contract of automobile liability insurance controls the rights and duties of the contracting parties, is applicable to a claim for damages against the tortfeasor’s automobile liability insurance policy. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur. __________________