Strayer v. Federated Mut. Ins. Co.

1996 Ohio 407, 76 Ohio St. 3d 234

Opinion

[This opinion has been published in Ohio Official Reports at 76 Ohio St.3d 234.]

STRAYER ET AL., APPELLEES, v. FEDERATED MUTUAL INSURANCE COMPANY, APPELLANT. [Cite as Strayer v. Federated Mut. Ins. Co., 1996-Ohio-407.] 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. (Nos. 96-1125 and 96-1356—Submitted July 10, 1996—Decided August 7, 1996.) APPEAL from and CERTIFIED by the Court of Appeals for Franklin County, No. 95APE11-1507. __________________ Clark, Perdue, Roberts & Scott and Glen R. Pritchard, for appellees. Hamilton, Kramer, Myers & Cheek, David W. Pryor and Stephen E. Tugend, for appellant. __________________ {¶ 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. DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur. MOYER, C.J., and COOK, J., dissent. STRATTON, J., not participating. __________________