Molek v. State Farm Mut. Auto. Ins. Co.

1997 Ohio 264, 77 Ohio St. 3d 392

Opinion

[This opinion has been published in Ohio Official Reports at 77 Ohio St.3d 392.]

MOLEK ET AL., APPELLANTS, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLEE.

[Cite as Molek v. State Farm Mut. Auto. Ins. Co., 1997-Ohio-264.]

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 which reaches a contrary result is unenforceable.

(No. 96-1639—Submitted December 11, 1996—Decided February 5, 1997.) APPEAL from the Court of Appeals for Cuyahoga County, No. 69480.

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Joseph L. Coticchia, for appellants. Meyers, Hentemann, Schneider & Rea Co., L.P.A., Henry A. Hentemann and J. Michael Creagan, for appellee.

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{¶ 1} The discretionary appeal is allowed. {¶ 2} The judgment of the court of appeals 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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