[This opinion has been published in Ohio Official Reports at 76 Ohio St.3d 228.]

LEGGE ET AL., APPELLEES, v. NATIONWIDE MUTUAL INSURANCE COMPANY, APPELLANT. [Cite as Legge v. Nationwide Mut. Ins. Co., 1996-Ohio-60.]

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. 95-2276—Submitted July 10, 1996—Decided August 7, 1996.)

APPEAL from the Court of Appeals for Franklin County, No. 95APE04-396. __________________ Crabbe, Brown, Jones, Potts & Schmidt, Michael R. Henry and Kristen H.

Smith, for appellant. __________________ {¶ 1} The judgment of the court of appeals is affirmed on the authority of Cole v. Holland (1996), 76 Ohio St.3d ___, ___ N.E.2d ___.

DOUGLAS, RESNICK, F.E. SWEEENEY and PFEIFER, JJ., concur.

MOYER, C.J., and COOK, J., dissent.

STRATTON, J., not participating. __________________