MARGINIAN v. ALLSTATE INS. CO.

Nos. 84-686 and 84-687.

18 Ohio St. 3d 345 (1985)

MARGINIAN, APPELLEE, v. ALLSTATE INSURANCE COMPANY, APPELLANT. (TWO CASES.)

Supreme Court of Ohio.

Decided July 31, 1985.


Attorney(s) appearing for the Case

John R. Vintilla, for appellee.

McNeal, Schick, Archibald & Biro, Fredric E. Kramer, Sonnenschein, Carlin, Nath & Rosenthal and Duane C. Quani, for appellant.

Squire, Sanders & Dempsey, Richard W. McLaren, Jr., and Frank A. DiPiero, urging reversal for amicus curiae National Assn. of Independent Insurers.


SWEENEY, J.

The novel issue presented in the causes before us is whether an insured has a cause of action against its insurer when, contrary to the wishes of the insured, the insurer settles claims lodged against the insured within the monetary limits of the insured's policy, and where the policy empowers the insurer to settle claims as it feels appropriate.

The insurance policy issued by appellant to appellee provides in relevant part:

"Allstate will...

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