BILYEU v. MOTORISTS MUTUAL INS. CO.

No. 72-865.

36 Ohio St. 2d 35 (1973)

BILYEU ET AL., APPELLANTS, v. MOTORISTS MUTUAL INS. CO., APPELLEE.

Supreme Court of Ohio.

Decided November 14, 1973.


Attorney(s) appearing for the Case

Messrs. Thomas & Thomas and Mr. Harold B. Thomas, for appellants.

Messrs. Sebastian, Durst & Marsh, Mr. Arthur M. Sebastian and Messrs. Thornburg & Furbee, for appellee.


CELEBREZZE, J.

Both the Common Pleas Court and the Court of Appeals held that the questions dealing with pyramiding of coverage and setoff of medical payments were not properly placed before the court. The Court of Appeals speaks of an advisory opinion and the Common Pleas Court speaks of a lack of real and substantial controversy between the parties.

It is stipulated by the parties that:

"For purposes of this action only and without prejudice...

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