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HAGEN v. J. C. PENNEY CASUALTY INSURANCE COMPANY

No. 48082.

16 Ohio App. 3d 218 (1984)

HAGEN, APPELLANT, v. J. C. PENNEY CASUALTY INSURANCE COMPANY, APPELLEE.

Court of Appeals of Ohio, Cuyahoga County.

Decided May 21, 1984.

Attorney(s) appearing for the Case

Mr. A. P. Leary, for appellant.

Mr. Foster J. Fludine, for appellee.

ANN McMANAMON, J.

Donald Scott Hagen, the appellant, was covered by a policy of insurance issued by the appellee, J. C. Penney Casualty Insurance Co. ("Penney"), on February 8, 1982, when he sustained extensive injuries in an automobile accident. Penney denied Hagen's claim on the underinsured provision of his insurance contract on the basis that the limits of the tortfeasor's insurance policy were identical to the limits of appellant's underinsurance coverage.

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