JAMES v. MICHIGAN MUT. INS. CO.

No. 84-1167.

18 Ohio St. 3d 386 (1985)

JAMES ET AL., APPELLEES, v. MICHIGAN MUTUAL INSURANCE COMPANY, APPELLANT.

Supreme Court of Ohio.

Decided August 7, 1985.


Attorney(s) appearing for the Case

George E. Zimmerman and Douglas Carter, for appellees.

Pickrel, Schaeffer & Ebeling Co., L.P.A., James F. Barnhart and Andrew C. Storar, for appellant.


SWEENEY, J.

The sole issue raised by the instant case is whether the appellant, Michigan Mutual, is entitled to deduct, directly from the limits of its underinsured motorist coverage, the $12,500 paid to appellee Billy James by Globe American on behalf of Smith (an underinsured motorist). The appellant argues that it is entitled to such a deduction (or "setoff") pursuant to R.C. 3937.181(C) and the terms of the appellee's contract of insurance.

At the time...

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