Pitts v. Mobile Tank Car Serv., Inc. - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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Pitts et al., Appellants, v. Mobile Tank Car Services, Inc. et
al.; Ohio Insurance Guaranty Association, Appellee.
[Cite as Pitts v. Mobile Tank Car Serv., Inc. (1995), Ohio
St.3d .]
Insurance -- Ohio Insurance Guaranty Association -- Powers and
duties -- R.C. 3955.08(A), construed -- Association not
obligated to accept untimely claims.
(No. 93-2476 -- Submitted March 8, 1995 -- Decided April
19, 1995.)
Appeal from the Court of Appeals for Cuyahoga County, Nos.
62927, 62928 and 62929.

Nurenberg, Plevin, Heller & McCarthy Co., L.P.A., Thomas
Mester, James T. Schumacher, Joel Levin and Sandra J.
Rosenthal, for appellants.
Vorys, Sater, Seymour & Pease and F. James Foley, for
appellee.

The judgment of the court of appeals is affirmed on the
authority of Lake Hosp. Sys., Inc. v. Ohio Ins. Guar. Assn.
(1994), 69 Ohio St.3d 521, 634 N.E.2d 611.
Moyer, C.J., Douglas, Wright, Resnick, F.E. Sweeney and
Cook, JJ., concur.
Pfeifer, J., dissents.
Pfeifer, J., dissenting. I dissent for the reasons stated
in my dissent in Lake Hosp. Sys., Inc. v. Ohio Ins. Guar. Assn.
(1994), 69 Ohio St.3d 571, 635 N.E.2d 11.