Kleinsmith v. Allstate Ins. Co.
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[Cite as Kleinsmith v. Allstate Ins. Co., 92 Ohio St.3d 218, 2001-Ohio-179.] KLEINSMITH ET AL., APPELLANTS, v. ALLSTATE INSURANCE COMPANY, APPELLEE. [Cite as Kleinsmith v. Allstate Ins. Co. (2001), 92 Ohio St.3d 218.] Insurance Motor vehicles Mandatory offering of uninsured and underinsured motorist coverage Amount available for payment for purpose of setoff Court of appeals judgment affirmed on authority of Littrell v. Wigglesworth and Clark v. Scarpelli. (No. 01-223 Submitted May 16, 2001 Decided July 5, 2001.) APPEAL from the Court of Appeals for Richland County, No. 00CA142. __________________ The discretionary appeal is allowed on Proposition of Law No. II and the judgment of the court of appeals is affirmed on the authority of Littrell v. Wigglesworth (2001), 91 Ohio St.3d 425, 746 N.E.2d 1077, and Clark v. Scarpelli (2001), 91 Ohio St.3d 271, 744 N.E.2d 719. DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur. MOYER, C.J., COOK and LUNDBERG STRATTON, JJ., concur in judgment. __________________ COOK, J., concurring in judgment. I concur in judgment based on the reasoning set forth in my dissenting opinion in Littrell v. Wigglesworth (2001), 91 Ohio St.3d 425, 746 N.E.2d 1077, and in my opinion concurring in part and dissenting in part in Clark v. Scarpelli (2001), 91 Ohio St.3d 271, 744 N.E.2d 719. MOYER, C.J., and LUNDBERG STRATTON, J., concur in the foregoing opinion. __________________ Elk & Elk Co., L.P.A., and Todd O. Rosenberg, for appellants. SUPREME COURT OF OHIO Baran, Piper, Tarkowsky, Fitzgerald & Thies Co., L.P.A., Gregory G. Baran and Kelly L. Badnell, for appellee. __________________ 2
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