Ohio Supreme Court, 2001

Green v. Barbour

Ohio Supreme Court · Decided July 5, 2001 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

92 Ohio St. 3d 219; 749 N.E.2d 295

Cases that cite this one

2 later published cases cite this decision.

Green v. Cincinnati Insurance, Co., Unpublished Decision (12-7-2001) (Ohio Ct. App. 2001)
Green v. Barbour (Ohio 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.”

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.

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