Marcella v. Nationwide Mut. Ins. Co.

Ohio Supreme Court

Marcella v. Nationwide Mut. Ins. Co.

1996 Ohio 363, 76 Ohio St. 3d 563

CourtOhio Supreme Court

DecidedSeptember 25, 1996

Docket1996-0691

StatusPublished

This text of 1996 Ohio 363 (Marcella v. Nationwide Mut. Ins. Co.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Marcella v. Nationwide Mut. Ins. Co., 1996 Ohio 363, 76 Ohio St. 3d 563 (Ohio 1996).

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[This opinion has been published in Ohio Official Reports at 76 Ohio St.3d 563.]

MARCELLA, APPELLEE AND CROSS-APPELLANT, v. NATIONWIDE MUTUAL INSURANCE COMPANY, APPELLANT AND CROSS-APPELLEE. [Cite as Marcella v. Nationwide Mut. Ins. Co., 1996-Ohio-363.] Insurance—Motor vehicles—Insured entitled to underinsured motorist coverage under former R.C. 3937.18, when—Determining amount of underinsurance coverage to be paid—Claims for loss of consortium. (No. 96-782—Submitted June 25, 1996—Decided September 25, 1996.) APPEAL and CROSS-APPEAL from the Court of Appeals for Cuyahoga County, No. 69086. __________________ Don C. Iler Co., L.P.A., and Don C. Iler, for appellee and cross-appellant. Weston, Hurd, Fallon, Paisley & Howley, Timothy D. Johnson, Gregory E. O’Brien and Daniel A. Richards, for appellant and cross-appellee. __________________ {¶ 1} The discretionary appeal in case No. 96-782 is allowed. {¶ 2} The judgment of the court of appeals on the appeal is affirmed on the authority of Cole v. Holland (1996), 76 Ohio St.3d 220, ___ N.E.2d ___, and the cause is remanded to the trial court for further proceedings consistent with Cole. {¶ 3} The discretionary cross-appeal in case No. 96-782 is allowed. {¶ 4} The judgment of the court of appeals on the cross-appeal is reversed on the authority of Schaefer v. Allstate Ins. Co. (1996), 76 Ohio St.3d 553, ___ N.E.2d ___. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur. COOK, J., dissents. STRATTON, J., not participating. __________________

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[This opinion has been published in Ohio Official Reports at 76 Ohio St.3d 563.]

MARCELLA, APPELLEE AND CROSS-APPELLANT, v. NATIONWIDE MUTUAL INSURANCE COMPANY, APPELLANT AND CROSS-APPELLEE. [Cite as Marcella v. Nationwide Mut. Ins. Co., 1996-Ohio-363.] Insurance—Motor vehicles—Insured entitled to underinsured motorist coverage under former R.C. 3937.18, when—Determining amount of underinsurance coverage to be paid—Claims for loss of consortium. (No. 96-782—Submitted June 25, 1996—Decided September 25, 1996.) APPEAL and CROSS-APPEAL from the Court of Appeals for Cuyahoga County, No. 69086. __________________ Don C. Iler Co., L.P.A., and Don C. Iler, for appellee and cross-appellant. Weston, Hurd, Fallon, Paisley & Howley, Timothy D. Johnson, Gregory E. O’Brien and Daniel A. Richards, for appellant and cross-appellee. __________________ {¶ 1} The discretionary appeal in case No. 96-782 is allowed. {¶ 2} The judgment of the court of appeals on the appeal is affirmed on the authority of Cole v. Holland (1996), 76 Ohio St.3d 220, ___ N.E.2d ___, and the cause is remanded to the trial court for further proceedings consistent with Cole. {¶ 3} The discretionary cross-appeal in case No. 96-782 is allowed. {¶ 4} The judgment of the court of appeals on the cross-appeal is reversed on the authority of Schaefer v. Allstate Ins. Co. (1996), 76 Ohio St.3d 553, ___ N.E.2d ___. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur. COOK, J., dissents. STRATTON, J., not participating. __________________

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1996 Ohio 363, 76 Ohio St. 3d 563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marcella-v-nationwide-mut-ins-co-ohio-1996.

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