RUBY v. MIDWESTERN INDEMN. CO.

No. 87-2018.

40 Ohio St. 3d 159 (1988)

RUBY ET AL., APPELLANTS, v. MIDWESTERN INDEMNITY COMPANY, APPELLEE.

Supreme Court of Ohio.

Decided December 29, 1988.


Attorney(s) appearing for the Case

Sheldon S. Wittenberg, for appellants.

Middleton, Roebke & Rayle and Max E. Rayle, for appellee.


WRIGHT, J.

The issue presented in this case is whether the Rubys are entitled to recover under the underinsured motorist provisions of their Family Car Policy with Midwestern. The court of appeals held that they were not so entitled, finding that under the policy Midwestern's liability limit was completely offset by payments received by the Rubys. While the court did not rule on Midwestern's rights of subrogation, the parties have presented the issue for our review...

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