Green v. Barbour
Green v. Barbour
Opinion
[This decision has been published in Ohio Official Reports at 92 Ohio St.3d 219.]
GREEN ET AL., APPELLANTS, v. BARBOUR ET AL., APPELLEES. [Cite as Green v. Barbour, 2001-Ohio-180.] Court of appeals’ judgment reversed on authority of Littrell v. Wigglesworth and Clark v. Scarpelli and cause remanded. (No. 01-500—Submitted April 24, 2001—Decided July 5, 2001.) CERTIFIED by the Court of Appeals for Huron County, No. H-00-026. __________________ {¶ 1} The question certified for our consideration is “[w]hether R.C. 3937.18[A][2], as amended by Am.Sub.S.B. 20, permits an insurer to set off [underinsured motorist] coverage against a tortfeasor’s liability limits rather than the actual amount available to the victim.” {¶ 2} Pursuant to our decisions in Littrell v. Wigglesworth (2001), 91 Ohio St.3d 425, 746 N.E.2d 1077, and Clark v. Scarpelli (2001), 91 Ohio St.3d 271, 744 N.E.2d 719, the certified question is answered in the negative. The judgment of the court of appeals is reversed on the authority of Littrell and Clark, and the cause is remanded to the trial court for further proceedings consistent with our decisions in Littrell and Clark. DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur. MOYER, C.J., and LUNDBERG STRATTON, J., dissent. COOK, J., not participating. __________________ Paul M. Kaufman, for appellants. __________________
Reference
- Status
- Published
- Syllabus
- Court of appeals' judgment reversed on authority of Littrell v. Wigglesworth and Clark v. Scarpelli and cause remanded.