Washington v. Citizens Sec. Mut. Ins. Co.

2001 Ohio 172, 92 Ohio St. 3d 211

Opinion

[This decision has been published in Ohio Official Reports at 92 Ohio St.3d 211.]

WASHINGTON, GDN., ET AL., APPELLANTS, v. CITIZENS SECURITY MUTUAL INSURANCE COMPANY, APPELLEE. [Cite as Washington v. Citizens Sec. Mut. Ins. Co., 2001-Ohio-172.] Insurance—Motor vehicles—Mandatory offering of uninsured and underinsured motorist coverage—Amount available for payment for purpose of setoff— Court of appeals’ judgment affirmed on authority of Littrell v. Wigglesworth and Clark v. Scarpelli. (No. 00-1951—Submitted May 16, 2001—Decided July 5, 2001.) APPEAL from the Court of Appeals for Cuyahoga County, No. 76082. __________________ {¶ 1} The judgment of the court of appeals is affirmed on the authority of Littrell v. Wigglesworth (2001), 91 Ohio St.3d 425, 746 N.E.2d 1077, and Clark v. Scarpelli (2001), 91 Ohio St.3d 271, 744 N.E.2d 719. DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur. MOYER, C.J., COOK, and LUNDBERG STRATTON, JJ., concur in judgment. __________________ COOK, J., concurring. {¶ 2} I concur in judgment on Propositions of Law Nos. I and II based on the reasoning set forth in my dissenting opinion in Littrell v. Wigglesworth (2001), 91 Ohio St.3d 425, 746 N.E.2d 1077, and in my opinion concurring in part and dissenting in part in Clark v. Scarpelli (2001), 91 Ohio St.3d 271, 744 N.E.2d 719. I would dismiss Proposition of Law III as having been improvidently allowed. MOYER, C.J., and LUNDBERG STRATTON, J., concur in the foregoing opinion. __________________ Cochran & Naso and Carmen Naso, for appellant Phyllis Washington. SUPREME COURT OF OHIO

Robert P. Rutter, for appellant Danielle Washington. Law Office of Terrence J. Kenneally & Associates, Terrence J. Kenneally and John M. Bostwick, Jr., for appellee. __________________