McCollam v. Am. & Foreign Ins.

Ohio Supreme Court

McCollam v. Am. & Foreign Ins.

805 N.E.2d 537, 101 Ohio St. 3d 1486

CourtOhio Supreme Court

DecidedMarch 24, 2004

Docket2004-0238

StatusPublished

This text of 805 N.E.2d 537 (McCollam v. Am. & Foreign Ins.) 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.

Bluebook

McCollam v. Am. & Foreign Ins., 805 N.E.2d 537, 101 Ohio St. 3d 1486 (Ohio 2004).

Pincite

Opinion

Stark App. No. 2003CA00096, 2003-Ohio-6366. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 4 of the court of appeals’ Journal Entry filed January 4, 2004:

“Whether an uninsured/underinsured motorist claimant, when making a claim based upon the death of a person, is barred from recovery under a personal auto policy when the policy requires that the claimant be ‘legally entitled to recover’ and the uninsured/underinsured motorists claim is first presented to the insurance company providing the uninsured/underinsured motorists coverage after the time, as set forth in the wrongful death statute, for filing a wrongful death claim against the tortfeasor has expired.”

Resnick and F.E. Sweeney, JJ., dissent.

The conflict case is Hutchison v. Midwestern Indemn. Co. (Mar. 2, 1989), Ross App. No. 1496, 1989 WL 19380.

Sua sponte, cause consolidated with 2004-0044, McColIam, v. Am. & Foreign Ins. Co., Stark App. No. 2003CA00096, 2003-Ohio-6366.

Free access — add to your briefcase to read the full text and ask questions with AI

Stark App. No. 2003CA00096, 2003-Ohio-6366. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 4 of the court of appeals’ Journal Entry filed January 4, 2004:

“Whether an uninsured/underinsured motorist claimant, when making a claim based upon the death of a person, is barred from recovery under a personal auto policy when the policy requires that the claimant be ‘legally entitled to recover’ and the uninsured/underinsured motorists claim is first presented to the insurance company providing the uninsured/underinsured motorists coverage after the time, as set forth in the wrongful death statute, for filing a wrongful death claim against the tortfeasor has expired.”

Resnick and F.E. Sweeney, JJ., dissent.

The conflict case is Hutchison v. Midwestern Indemn. Co. (Mar. 2, 1989), Ross App. No. 1496, 1989 WL 19380.

Sua sponte, cause consolidated with 2004-0044, McColIam, v. Am. & Foreign Ins. Co., Stark App. No. 2003CA00096, 2003-Ohio-6366.

Cite This Page — Counsel Stack

Bluebook (online)

805 N.E.2d 537, 101 Ohio St. 3d 1486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccollam-v-am-foreign-ins-ohio-2004.

Opinion

Related

Cite This Page — Counsel Stack