Green v. Barbour
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[Cite as Green v. Barbour, 92 Ohio St.3d 219, 2001-Ohio-180.] GREEN ET AL., APPELLANTS, v. BARBOUR ET AL., APPELLEES. [Cite as Green v. Barbour (2001), 92 Ohio St.3d 219.] Court of appeals judgment reversed on authority of Littrell v. Wigglesworth and Clark v. Scarpelli and cause remanded. (No. 01-500 Submitted April 24, 2001 Decided July 5, 2001.) CERTIFIED by the Court of Appeals for Huron County, No. H-00-026. __________________ The question certified for our consideration is [w]hether R.C. 3937.18[A][2], as amended by Am.Sub.S.B. 20, permits an insurer to set off [underinsured motorist] coverage against a tortfeasor s liability limits rather than the actual amount available to the victim. Pursuant to our decisions in 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, the certified question is answered in the negative. The judgment of the court of appeals is reversed on the authority of Littrell and Clark, and the cause is remanded to the trial court for further proceedings consistent with our decisions in Littrell and Clark. DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur. MOYER, C.J., and LUNDBERG STRATTON, J., dissent. COOK, J., not participating. __________________ Paul M. Kaufman, for appellants. __________________ 1
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