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IN RE NATIONWIDE INS. CO.

No. 88-859.

45 Ohio St. 3d 11 (1989)

IN RE NATIONWIDE INSURANCE COMPANY, APPELLANT; STOBBS, APPELLEE.

Supreme Court of Ohio.

Decided August 16, 1989.

Attorney(s) appearing for the Case

Freifield, Bruzzese, Wehr, Moreland, Straus & Spahn and Frank J. Bruzzese, for appellant.

Lancione & Davis Law Office Co., L.P.A., and Richard L. Lancione, for appellee.

H. BROWN, J.

I

The first issue before us is whether Nationwide may set off the amount of compensation paid on behalf of the tortfeasor against the limits of Stobbs' uninsured motorist coverage.

The court of appeals found that language in the uninsured motorist coverage of the policy under a provision entitled "Limits of Payment" was contradictory to the trust agreement provision of that coverage and...

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