WOLFE v. CONTINENTAL CAS. CO.

No. 78-3385.

647 F.2d 705 (1981)

John Harold WOLFE, et al., Plaintiffs-Appellees, v. CONTINENTAL CASUALTY COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 6, 1981.


Attorney(s) appearing for the Case

Jack R. Alton, Lane, Alton & Horst, Columbus, Ohio, for defendant-appellant.

Charles E. Brant, Glander, Brant, Ledman & Newman, Columbus, Ohio, for plaintiffs-appellees.

Before EDWARDS, Chief Judge, and CELEBREZZE and PECK, Senior Circuit Judges.


CELEBREZZE, Senior Circuit Judge.

The issue in this diversity case is whether Ohio law permits an action to be maintained in contract by an insured against his insurer to recover an amount in excess of policy limits when such an action has traditionally been regarded as sounding in tort.

The lawsuit was originally filed in 1973 by John Harold Wolfe and his wife, Dorothy Wolfe, alleging a breach of duties owed them by Continental Casualty Company under an automobile...

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