# Kraly v. Vannewkirk

> Ohio Supreme Court · July 27, 1994 · 69 Ohio St. 3d 627

URL: https://www.frixlaw.com/law-library/cases/6769616

## Case

- **Full name:** Kraly v. Vannewkirk State Farm Mutual Automobile Insurance Company
- **Court:** Ohio Supreme Court
- **Decided:** July 27, 1994
- **Citations:** 69 Ohio St. 3d 627; 635 N.E.2d 323; 1994 Ohio LEXIS 1596
- **Precedential status:** Published
- **Opinion:** Concurrence by Douglas
- **Judges:** Douglas, Moyer, Pfeifer, Resnick, Sweeney, Wright
- **Cited by:** 138 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6769616

## How later opinions describe it (automated extraction)

- holding "that Ohio Civ. R. 15(C) may be employed to substitute a party named in the amended pleading for a party misidentified in the original pleading to permit the amended pleading to relate back to the date of the original pleading provided the requirements of the rule are …
- holding that where the tortfeasor’s insurer has declared insolvency subsequent to the accident, the insured’s UM claim "accrues on the date that the insured receives notice of the insolvency”
- noting that an earlier decision of the court was "of questionable precedential value inasmuch as it was a plurality opinion which failed to receive the requisite support of four justices of this court in order to constitute controlling law"

## Opinion text

Douglas, J.,
concurring. I concur in the syllabus and judgment of Justice A. William Sweeney’s well-reasoned opinion. I write separately only for the purpose of calling attention of the bench and bar, and to others who may be researching the issues decided in Colvin v. Globe Am. Cas. Co. (1982), 69 Ohio St.2d 293 , 23 O.O.3d 281 , 432 N.E.2d 167 , and Duriak v. Globe Am. Cas. Co. (1986), 28 Ohio St.3d 70 , 28 OBR 168, 502 N.E.2d 620 , to the existence of Miller v. Progressive Cas. Ins. Co. (1994), 69 Ohio St.3d 619 , 635 N.E.2d 317 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6769616. Public record. Not legal advice.