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KUNZ v. BUCKEYE UNION INS. CO

No. 81-1705.

1 Ohio St. 3d 79 (1982)

KUNZ ET AL., APPELLANTS, v. BUCKEYE UNION INS. CO.; INGRAM ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 21, 1982.

Attorney(s) appearing for the Case

Messrs. Henderson, Deis & Wolf and Mr. Larry E. Deis, for appellants. Messrs. Beckman, Lavercombe, Fox & Weil, Mr. Sidney Weil and Mr. Donald C. Moore, for appellees.

Per Curiam.

The issues posed within this cause are two-fold. The first query is whether the allegations in appellants' complaint sound in tort and are governed by R.C. 2305.09, the statute of limitations for certain tort claims, or whether the allegations sound in contract and are governed by R.C. 2305.07, the statute of limitations for actions upon a contract not in writing. Second, where such insurance as acquired by the agent for the insured is not as requested...

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