Davis v. State Farm Mut. Auto. Ins. Co.

Ohio Supreme Court
Davis v. State Farm Mut. Auto. Ins. Co., 2001 Ohio 173 (Ohio 2001)
92 Ohio St. 3d 212

Davis v. State Farm Mut. Auto. Ins. Co.

Opinion

[This decision has been published in Ohio Official Reports at 92 Ohio St.3d 212.]

DAVIS ET AL., APPELLEES, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLANT. [Cite as Davis v. State Farm Mut. Auto. Ins. Co., 2001-Ohio-173.] Insurance—Motor vehicles—Mandatory offering of uninsured and underinsured motorist coverage—Amount available for payment for purpose of setoff— Court of appeals’ judgment affirmed. (No. 00-1998—Submitted May 16, 2001—Decided July 5, 2001.) APPEAL from the Court of Appeals for Franklin County, No. 99AP-194. __________________ {¶ 1} The judgment of the court of appeals is affirmed consistent with the opinion of the court of appeals. DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur. MOYER, C.J., COOK and LUNDBERG STRATTON, JJ., dissent. __________________ COOK, J., dissenting. {¶ 2} I respectfully dissent based on the reasoning set forth in my dissenting opinion in Littrell v. Wigglesworth (2001), 91 Ohio St.3d 425, 746 N.Ed.2d 1077, and in my opinion concurring in part and dissenting in part in Clark v. Scarpelli (2001), 91 Ohio St.3d 271, 744 N.E.2d 719. MOYER, C.J., and LUNDBERG STRATTON, J., concur in the foregoing dissenting opinion. __________________ Clark, Perdue, Roberts & Scott Co., L.P.A., Glen R. Pritchard and Douglas S. Roberts, for appellees. Gallagher, Gams, Pryor, Tallan & Littrell L.L.P., James R. Gallagher and Amy Mass, for appellant. __________________

Reference

Status
Published
Syllabus
Insurance—Motor vehicles—Mandatory offering of uninsured and underinsured motorist coverage—Amount available for payment for purpose of setoff—Court of appeals' judgment affirmed.