HILL v. ALLSTATE INS. CO.

No. 88-1740.

50 Ohio St. 3d 243 (1990)

HILL, EXECUTRIX OF THE ESTATE OF SHAW, APPELLANT, v. ALLSTATE INSURANCE COMPANY, APPELLEE.

Supreme Court of Ohio.

Decided April 25, 1990.


Attorney(s) appearing for the Case

St. Marie, St. Marie, Noll & Couch Co., L.P.A., and Carl F. Noll, for appellant.

Miraldi & Barrett Co., L.P.A., David P. Miraldi, Sonnenschein, Carlin, Nath & Rosenthal, William T. Barker and Steven M. Levy, for appellee.

Keating, Ritchie & Norwine and Kevin L. Swick, urging reversal for amicus curiae, Ohio Academy of Trial Lawyers.


HOLMES, J.

The only issue presented to this court is whether underinsured motorist coverage is available to an insured's estate and next of kin on a wrongful death claim, where the insured's policy limits are identical to those of the tortfeasor. For the reasons which follow, we answer such query in the negative, and affirm the court of appeals.

In order to determine whether or not appellant is entitled to underinsured coverage we must determine whether the...

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