The opinion
[This opinion has been published in Ohio Official Reports at 82 Ohio St.3d 384.]
BROWN, ADMR., APPELLANT, v. WALLBROWN; MOTORISTS MUTUAL
INSURANCE COMPANY, APPELLEE.
[Cite as Brown v. Wallbrown, 1998-Ohio-229.]
Motor vehicles—Insurance—Scope of coverage of an underinsured motorist
claim—Statutory law in effect at time of entering into contract for
automobile liability insurance controls the rights and duties of the
contracting parties.
(No. 97-2212—Submitted June 24, 1998—Decided July 22, 1998.)
APPEAL from the Court of Appeals for Franklin County, No. 96APE12-1633.
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Leeseberg, Maloon, Schulman & Valentine, Anne M. Valentine, Geoffrey
M. Wardle and Gerald S. Leeseberg, for appellant.
Keener, Doucher, Curley & Patterson, L.P.A., and W. Charles Curley, for
appellee.
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{¶ 1} The judgment of the court of appeals is reversed on the authority of
Ross v. Farmers Ins. Group of Cos. (1998), 82 Ohio St.3d 281, 695 N.E.2d 732.
MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.
COOK and LUNDBERG STRATTON, JJ., dissent.
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Cook, J., dissenting.
{¶ 2} For the reasons stated in my dissenting opinion to Ross v. Farmers
Ins. Group of Cos. (1998), 82 Ohio St.3d 281, 291, 695 N.E.2d 732, I respectfully
dissent.
LUNDBERG STRATTON, J., concurs in the foregoing dissenting opinion.
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