Garlikov v. Continental Casualty Co.
Garlikov v. Continental Casualty Co.
Opinion of the Court
In our recent opinion in Savoie v. Grange Mut. Ins. Co. (1993), 67 Ohio St.3d 500, 620 N.E.2d 809, we held:
“Each person who is covered by an uninsured/underinsured policy and who is presumed to be damaged pursuant to R.C. 2125.01 has a separate claim subject to a separate per person policy limit.” Savoie, supra, paragraph four of syllabus.
This holding directly answers the question posed by the United States District Court for the Eastern District of Pennsylvania.
Concurring Opinion
concurring separately. I concur separately in the judgment entry in the above-styled case. As my dissent in Savoie v. Grange Mut. Ins. Co. (1993), 67 Ohio St.3d 500, 620 N.E.2d 809, stated, I do not agree with the law announced
Dissenting Opinion
dissenting. I must dissent in continuing protest to the majority’s sundry holdings in Savoie v. Grange Mut. Ins. Co. (1993), 67 Ohio St.3d 500, 620 N.E.2d 809. As stated in the dissent in Savoie, that holding lacks sound reasoning, reverses ten years of established case law and flouts the will of the General Assembly. Thus, I feel compelled to remain in this posture until the General Assembly has had the opportunity to undo the damage caused to the public by this unfortunate, result-oriented decision.
Reference
- Full Case Name
- Garlikov, Admr., Et Al. v. Continental Casualty Company, D.B.A. CNA Insurance Company and State Farm Mutual Automobile Insurance Company
- Cited By
- 1 case
- Status
- Published