Marcella v. Nationwide Mut. Ins. Co.

State: Ohio

Docket No: 1996-0691

Case Date: 09/25/1996

Plaintiff: Marcella

Defendant: Nationwide Mut. Ins. Co.

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MARCELLA, APPELLEE

AND

CROSS-APPELLANT,

V.

NATIONWIDE MUTUAL

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INSURANCE COMPANY, APPELLANT AND CROSS-APPELLEE.

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[Cite as Marcella v. Nationwide Mut. Ins. Co. (1996), ___ Ohio St.3d ___.]

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Insurance -- Motor vehicles -- Insured entitled to underinsured motorist

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coverage under former R.C. 3937.18, when -- Determining amount of

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underinsurance coverage to be paid -- Claims for loss of consortium.

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(No. 96-782 -- Submitted June 25, 1996 -- Decided September 25,

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1996.)

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APPEAL and CROSS-APPEAL from the Court of Appeals for Cuyahoga

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County, No. 69086.

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_________

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Don C. Iler Co., L.P.A., and Don C. Iler, for appellee and cross-

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appellant.

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Weston, Hurd, Fallon, Paisley & Howley, Timothy D. Johnson,

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Gregory E. O'Brien and Daniel A. Richards, for appellant and cross-

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appellee.

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_________

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The discretionary appeal in case No. 96-782 is allowed.

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The judgment of the court of appeals on the appeal is affirmed on the

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authority of Cole v. Holland (1996), 76 Ohio St.3d 220, ___ N.E.2d ___,

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and the cause is remanded to the trial court for further proceedings

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consistent with Cole.

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The discretionary cross-appeal in case No. 96-782 is allowed.

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The judgment of the court of appeals on the cross-appeal is reversed

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on the authority of Schaefer v. Allstate Ins. Co. (1996), 76 Ohio St.3d 553,

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___ N.E.2d ___.

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MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ.,

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concur.

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COOK, J., dissents.

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STRATTON, J., not participating.

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