Ohio Supreme Court, 2001

Carruth v. Erie Ins. Group

Carruth v. Erie Ins. Group
Ohio Supreme Court · Decided July 5, 2001
2001 Ohio 171; 92 Ohio St. 3d 211

Carruth v. Erie Ins. Group

Opinion

[This decision has been published in Ohio Official Reports at 92 Ohio St.3d 211.]

CARRUTH, APPELLANT, v. ERIE INSURANCE GROUP, APPELLEE. [Cite as Carruth v. Erie Ins. Group, 2001-Ohio-171.]

Insurance—Motor vehicles—Mandatory offering of uninsured and underinsured motorist coverage—Amount available for payment for purpose of setoff— Court of appeals’ judgment affirmed on authority of Littrell v. Wigglesworth and Clark v. Scarpelli. (No. 00-1873—Submitted May 16, 2001—Decided July 5, 2001.)

APPEAL from the Court of Appeals for Cuyahoga County, No. 77161. __________________ {¶ 1} The judgment of the court of appeals is affirmed on the authority of 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.

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

MOYER, C.J., COOK and LUNDBERG STRATTON, JJ., concur in judgment. __________________ COOK, J., concurring in judgment. {¶ 2} I concur in judgment based on the reasoning set forth in my dissenting opinion in Littrell v. Wigglesworth (2001), 91 Ohio St.3d 425, 746 N.E.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 opinion. __________________ Elk & Elk Co., L.P.A., and Todd O. Rosenberg, for appellant. __________________

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