Marcella v. Nationwide Mut. Ins. Co.
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. __________________
Reference
- Status
- Published
- Syllabus
- 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.