Kleinsmith v. Allstate Ins. Co. - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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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.
__________________
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