[This opinion has been published in Ohio Official Reports at 76 Ohio St.3d 229.]

OLANDER, APPELLEE, v. NATIONWIDE MUTUAL INSURANCE COMPANY, APPELLANT, ET AL. [Cite as Olander v. Nationwide Mut. Ins. Co., 1996-Ohio-260.]

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. (No. 96-59—Submitted July 10, 1996—Decided August 7, 1996.)

APPEAL from the Court of Appeals for Franklin County, No. 95APE03-272. __________________ Plymale & Associates and Andrew W. Cecil, for appellee.

Crabbe, Brown, Jones, Potts & Schmidt, William H. Jones, Stephanie R. Bostos and Michael R. Henry, 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. __________________