2001 OHIO 180 - Green v. Barbour

[This decision has been published in Ohio Official Reports at

92 Ohio St.3d 219

.]




          GREEN ET AL., APPELLANTS, v. BARBOUR ET AL., APPELLEES.
                      [Cite as Green v. Barbour,

2001-Ohio-180

.]
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.
                                  __________________
        {¶ 1} 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.”
        {¶ 2} 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.
                                  __________________