BOGAN v. PROGRESSIVE CAS. INS. CO.

No. 86-1696.

36 Ohio St. 3d 22 (1988)

BOGAN ET AL., APPELLEES AND CROSS-APPELLANTS, v. PROGRESSIVE CASUALTY INSURANCE CO., APPELLANT AND CROSS-APPELLEE.

Supreme Court of Ohio.

Decided March 30, 1988.


Attorney(s) appearing for the Case

Jacobson, Maynard, Tuschman & Kalur, Richard W. Stuhr and Karen L. Clouse, for appellees and cross-appellants.

Thomas D. Hunter and Andrew W. Cecil, for appellant and cross-appellee.


HOLMES, J.

Upon a review of the policy terms before us, particularly those relied upon by the parties and which are set forth in their letters of correspondence, it becomes apparent that the issues in this case cannot be resolved without determining the effectiveness of those preconditions to underinsured motorist coverage contained in Progressive's policy. Specifically, we must consider the consent to settlement clause, the extent to which an injured party must exhaust...

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