Heilman v. Progressive Ins. Co.

[This decision has been published in Ohio Official Reports at 

.]




      HEILMAN, F.K.A. BELLOMY, APPELLANT, v. PROGRESSIVE INSURANCE
                             COMPANY, APPELLEE, ET AL.
            [Cite as Heilman v. Progressive Ins. Co., 

.]
Insurance—Motor vehicles—Mandatory offering of uninsured and underinsured
         motorist coverage—Amount available for payment for purpose of setoff—
         Court of appeals’ judgment reversed on authority of Littrell v.
         Wigglesworth and Clark v. Scarpelli—Cause remanded to trial court for
         determination of damages.
         (No. 00-2271—Submitted May 16, 2001—Decided July 5, 2001.)
     APPEAL from the Court of Appeals for Richland County, No. 00-CA-28.
                                  __________________
         {¶ 1} The judgment of the court of appeals is reversed on the authority of
Littrell v. Wigglesworth (2001), 

, 

, and Clark v.
Scarpelli (2001), 

, 

, 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., COOK and LUNDBERG STRATTON, JJ., dissent.
                                  __________________
         COOK, J., dissenting.
         {¶ 2} I respectfully dissent based on the reasoning set forth in my dissenting
opinion in Littrell v. Wigglesworth (2001), 

, 746 N.Ed.2d 1077,
and in my opinion concurring in part and dissenting in part in Clark v. Scarpelli
(2001), 

, 

.
         MOYER, C.J., and LUNDBERG STRATTON, J., concur in the foregoing
dissenting opinion.
                           SUPREME COURT OF OHIO




                            __________________
       Elk & Elk Co., L.P.A., Bruce S. Rutsky and Todd O. Rosenberg, for
appellant.
       Eugene G. Gillis and Daniel D. Domozick, for appellee.
                            __________________




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