# Gomolka v. State Automobile Mutual Insurance

> Ohio Supreme Court · December 26, 1984 · 15 Ohio St. 3d 27

URL: https://www.frixlaw.com/law-library/cases/6758619

## Case

- **Full name:** Gomolka, Exrx. v. State Automobile Mutual Insurance Company
- **Court:** Ohio Supreme Court
- **Decided:** December 26, 1984
- **Citations:** 15 Ohio St. 3d 27; 15 Ohio B. 67; 472 N.E.2d 700; 1984 Ohio LEXIS 1255
- **Precedential status:** Published
- **Opinion:** Dissent by Locher
- **Judges:** Brown, Celebrezze, Holmes, Locher, Sweeney
- **Cited by:** 26 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by In re Nationwide Insurance, 45 Ohio St. 3d 11 (1989).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6758619

## Opinion text

Locher, J.,
dissenting in part. Although I concur in the majority resolution of the second issue of this case dealing with setoff, I must dissent from that part of the opinion dealing with stacking of coverages. The reasons for my dissent were succinctly set forth in the dissent in Auto-Owners Mut. Ins. Co. v. Lewis (1984), 10 Ohio St. 3d 156, 161 (Holmes, J., dissenting in part), in which I concurred. As was the case in Auto-Owners, supra, the insured should be bound by the terms of their insurance contract, which here provides for a $300,000 uninsured/underinsured coverage ceiling per accident.
Accordingly, I would reverse the judgment of the court of appeals on the first issue..

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6758619. Public record. Not legal advice.