Ohio Supreme Court, 1996

Marcella v. Nationwide Mut. Ins. Co.

Marcella v. Nationwide Mut. Ins. Co.
Ohio Supreme Court · Decided September 25, 1996
1996 Ohio 363; 76 Ohio St. 3d 563

Marcella v. Nationwide Mut. Ins. Co.

Opinion

[This opinion has been published in Ohio Official Reports at 76 Ohio St.3d 563.]

MARCELLA, APPELLEE AND CROSS-APPELLANT, v. NATIONWIDE MUTUAL INSURANCE COMPANY, APPELLANT AND CROSS-APPELLEE. [Cite as Marcella v. Nationwide Mut. Ins. Co., 1996-Ohio-363.]

Insurance—Motor vehicles—Insured entitled to underinsured motorist coverage under former R.C. 3937.18, when—Determining amount of underinsurance coverage to be paid—Claims for loss of consortium. (No. 96-782—Submitted June 25, 1996—Decided September 25, 1996.)

APPEAL and CROSS-APPEAL from the Court of Appeals for Cuyahoga County, No. 69086. __________________ Don C. Iler Co., L.P.A., and Don C. Iler, for appellee and cross-appellant.

Weston, Hurd, Fallon, Paisley & Howley, Timothy D. Johnson, Gregory E.

O’Brien and Daniel A. Richards, for appellant and cross-appellee. __________________ {¶ 1} The discretionary appeal in case No. 96-782 is allowed. {¶ 2} The judgment of the court of appeals on the appeal is affirmed on the authority of Cole v. Holland (1996), 76 Ohio St.3d 220, ___ N.E.2d ___, and the cause is remanded to the trial court for further proceedings consistent with Cole. {¶ 3} The discretionary cross-appeal in case No. 96-782 is allowed. {¶ 4} The judgment of the court of appeals on the cross-appeal is reversed on the authority of Schaefer v. Allstate Ins. Co. (1996), 76 Ohio St.3d 553, ___ N.E.2d ___.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.

COOK, J., dissents.

STRATTON, J., not participating. __________________

Case-law data current through December 31, 2025. Source: CourtListener bulk data.