Snyder v. Nationwide Mut. Ins. Co.

1996 Ohio 401, 76 Ohio St. 3d 230

Opinion

[This opinion has been published in Ohio Official Reports at 76 Ohio St.3d 230.]

SNYDER ET AL., APPELLEES, v. NATIONWIDE MUTUAL INSURANCE COMPANY, APPELLANT. [Cite as Snyder v. Nationwide Mut. Ins. Co., 1996-Ohio-401.] Insurance—Motor vehicles—Pursuant to former R.C. 3937.18, an underinsurance claim must be paid, when—Determining amount of underinsurance coverage to be paid. (No. 96-73—Submitted July 10, 1996—Decided August 7, 1996.) APPEAL from the Court of Appeals for Stark County, No. 1995CA00146. __________________ Allen Schulman & Associates Co., L.P.A., and Timothy B. Saylor, for appellees. Robert J. Drexler, for appellant. __________________ {¶ 1} As to Proposition of Law No. 1, the judgment of the court of appeals is affirmed on the authority of Cole v. Holland (1996), 76 Ohio St.3d 220, 667 N.E.2d 353. {¶ 2} As to Proposition of Law No. 2, the appeal is dismissed, sua sponte, as having been improvidently allowed. DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur. MOYER, C.J., and COOK, J., dissent on Proposition of Law No. I and concur on Proposition of Law No. 2. STRATTON, J., not participating. __________________