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KOWALCZYK v. STATE AUTO. MUT. INS. CO.

No. 4053.

34 Ohio App. 3d 157 (1986)

KOWALCZYK ET AL., APPELLEES AND CROSS-APPELLANTS, v. STATE AUTOMOBILE MUTUAL INSURANCE COMPANY, APPELLANT AND CROSS-APPELLEE.

Court of Appeals of Ohio, Lorain County.

Decided November 19, 1986.

Attorney(s) appearing for the Case

Michael F. Becker, for appellees.

James L. Miraldi, for appellant.

BAIRD, J.

This cause came on before the court upon the appeal of State Automobile Mutual Insurance Co. ("State Auto") from the trial court's order entering summary judgment for Olga and Leo Kowalczyk. The trial court declared that State Auto was not entitled to a setoff in the amount of the Kowalczyks' recovery from the tortfeasoor's insurance. We vacate and remand.

The Kowalczyks had a policy of automobile insurance witty State Auto. Their policy included...

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