Kleinsmith v. Allstate Ins. Co.

2001 Ohio 179, 92 Ohio St. 3d 218

• Court: Ohio Supreme Court
• Decided: July 5, 2001
• Docket: 2001-0223
• Status: Published

Opinion

[This decision has been published in Ohio Official Reports at 92 Ohio St.3d 218.]

KLEINSMITH ET AL., APPELLANTS, v. ALLSTATE INSURANCE COMPANY, APPELLEE. [Cite as Kleinsmith v. Allstate Ins. Co., 2001-Ohio-179.] Insurance—Motor vehicles—Mandatory offering of uninsured and underinsured motorist coverage—Amount available for payment for purpose of setoff— Court of appeals’ judgment affirmed on authority of Littrell v. Wigglesworth and Clark v. Scarpelli. (No. 01-223—Submitted May 16, 2001—Decided July 5, 2001.) APPEAL from the Court of Appeals for Richland County, No. 00CA142. __________________ {¶ 1} The discretionary appeal is allowed on Proposition of Law No. II and the judgment of the court of appeals is affirmed on the authority of Littrell v. Wigglesworth (2001), 91 Ohio St.3d 425, 746 N.E.2d 1077, and Clark v. Scarpelli (2001), 91 Ohio St.3d 271, 744 N.E.2d 719. DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur. MOYER, C.J., COOK and LUNDBERG STRATTON, JJ., concur in judgment. __________________ COOK, J., concurring in judgment. {¶ 2} I concur in judgment based on the reasoning set forth in my dissenting opinion in Littrell v. Wigglesworth (2001), 91 Ohio St.3d 425, 746 N.E.2d 1077, and in my opinion concurring in part and dissenting in part in Clark v. Scarpelli (2001), 91 Ohio St.3d 271, 744 N.E.2d 719. MOYER, C.J., and LUNDBERG STRATTON, J., concur in the foregoing opinion. __________________ Elk & Elk Co., L.P.A., and Todd O. Rosenberg, for appellants. SUPREME COURT OF OHIO

Baran, Piper, Tarkowsky, Fitzgerald & Thies Co., L.P.A., Gregory G. Baran and Kelly L. Badnell, for appellee. __________________