Bowser v. Nationwide Ins. Co. - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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BOWSER ET AL., APPELLEES AND CROSS-APPELLANTS, V. NATIONWIDE
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INSURANCE COMPANY, APPELLANT AND CROSS-APPELLEE.
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[Cite as Bowser v. Nationwide Ins. Co. (1997), ___ Ohio St.3d ___.]
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Insurance -- Automobile liability -- Each person covered by an uninsured
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motorist policy who is asserting a claim for loss of consortium has a
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separate claim subject to a separate per person policy limit --
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Provision in insurance policy that reaches a contrary result is
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unenforceable.
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(No. 96-1424 -- Submitted December 11, 1996 -- Decided January
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29, 1997.)
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APPEAL and CROSS-APPEAL from the Court of Appeals for
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Montgomery County, No. CA-15251.
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__________
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Froelich & Weprin, L.P.A., and Gary L. Froelich, for appellees and
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cross-appellants.
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Jenks, Surdyk & Cowdrey Co., L.P.A., and Edward Dowd, for
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appellant and cross-appellee.
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__________

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The discretionary appeal is denied.
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The discretionary cross-appeal is allowed.
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The judgment of the court of appeals on cross-appeal is reversed,
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and the cause is remanded to the trial court for further proceedings on the
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authority of Schaefer v. Allstate Ins. Co. (1996), 76 Ohio St.3d 553, 668
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N.E.2d 913.
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MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
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LUNDBERG STRATTON, JJ., concur.

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