Carroll v. Nationwide Mut. Ins. Co.

[This decision has been published in Ohio Official Reports at 92 Ohio St.3d 215.]

CARROLL, APPELLANT, v. NATIONWIDE MUTUAL INSURANCE COMPANY, APPELLEE. [Cite as Carroll v. Nationwide Mut. Ins. Co., 2001-Ohio-176.] Insurance—Motor vehicles—Mandatory offering of uninsured and underinsured motorist coverage—Amount available for payment for purpose of setoff— Court of appeals’ judgment reversed on authority of Littrell v. Wigglesworth and Clark v. Scarpelli and cause remanded to trial court for further proceedings. (No. 01-83—Submitted May 16, 2001—Decided July 5, 2001.)

APPEAL from the Court of Appeals for Holmes County, No. 99CA016. __________________ {¶ 1} The judgment of the court of appeals is reversed 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. {¶ 2} 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., COOK and LUNDBERG STRATTON, JJ., dissent. __________________ COOK, J., dissenting. {¶ 3} 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.

SUPREME COURT OF OHIO

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Scanlon & Gearinger Co., L.P.A., Robert A. Royer and Joy D. Malek, for appellant.

Weston, Hurd, Fallon, Paisley & Howley L.L.P., Timothy D. Johnson, Gregory E. O’Brien and Shawn W. Maestle, for appellee. __________________