Doganiero v. Insurance Co. of Ohio

Ohio Supreme Court
Doganiero v. Insurance Co. of Ohio, 92 Ohio St. 3d 216 (Ohio 2001)
749 N.E.2d 293
Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

Doganiero v. Insurance Co. of Ohio

Opinion of the Court

The question certified for our consideration is “whether R.C. 3937.18[A][2] precludes recovery of underinsured motorist insurance benefits where the insured’s underinsured motorist coverage limits are less than or equal to the tortfeasor’s liability coverage limits but the presence of other claimants prevents the insured from recovering any part of the tortfeasor’s coverage.”

Schulman, Schulman & Meros and Howard A. Schulman, for appellants.

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., Cook and Lundberg Stratton, JJ., dissent.

Dissenting Opinion

Cook, J.,

dissenting. 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.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 dissenting opinion.

Reference

Full Case Name
Doganiero v. Insurance Company of Ohio
Cited By
1 case
Status
Published