Ohio Supreme Court, 2004

Witt v. Ohio Insurance Guaranty Ass'n

Witt v. Ohio Insurance Guaranty Ass'n
Ohio Supreme Court · Decided November 17, 2004 · Connor, Donnell, Moyer, Pfeifer, Resnick, Stratton, Sweeney
103 Ohio St. 3d 557; 817 N.E.2d 76
Witt v. Ohio Insurance Guaranty Ass'n

Cases that cite this one

39 later published cases cite this decision. The 25 that cite it most often are listed here.

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Opinion of the Court

{¶ 1} The judgment of the court of appeals is reversed and the cause is remanded for disposition in accordance with Katz v. Ohio Ins. Guar. Assn., 103 Ohio St.3d 4, 2004-Ohio-4109, 812 N.E.2d 1266.

Moyer, C.J., Resnick, F.E. Sweeney, Pfeifer and O’Connor, JJ., concur. Lundberg Stratton, J., dissents. O’Donnell, J., not participating.

Dissenting Opinion

Lundberg Stratton, J.,

dissenting.

{¶ 2} Because I agree with the analysis of the court of appeals that only one covered claim exists for purposes of Ohio Insurance Guaranty Association’s (“OIGA”) exposure, I respectfully dissent. In Katz v. Ohio Ins. Guar. Assn., 103 Ohio St.3d 4, 2004-Ohio-4109, 812 N.E.2d 1266, I dissented from that part of the majority’s judgment that obligated OIGA to pay more than the statutory maximum limit of $300,000 for one medical malpractice action. For the same reasons here, I do not agree that OIGA should be obligated for more than one covered claim in this matter.

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