Opinion

Brown v. Wallbrown

  • 82 Ohio St. 3d 384
  • 1998 Ohio 229
Court
Ohio Supreme Court
Filed
Jul 22, 1998
Status
Published
Cited by
0 cases
Authority
More cited than 34.9%

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.

__________________

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.

__________________

{¶ 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.

__________________

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.

__________________

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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