Green v. Barbour - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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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.
__________________
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