DERR v. WESTFIELD COS.

No. 90-2307.

63 Ohio St.3d 537 (1992)

DERR, EXR., APPELLANT, v. WESTFIELD COMPANIES ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 6, 1992.


Attorney(s) appearing for the Case

Scanlon & Gearinger Co., L.P.A., Timothy F. Scanlon and Suzanne C. Porter, for appellant.

Davis & Young Co., L.P.A., George J. Lutjen and Martin J. Murphy, for appellees.


SWEENEY, J.

The issue certified by the court of appeals below is "[w]hether an insurer on a single-limit under insured motorist policy may set off against that single limit of liability the total amount paid by a tortfeasor's insurance, when the claims of each of the claimants taken individually do not reach that limit as reduced by the amount paid to each claimant by the tortfeasor." For the reasons that follow, we hold that the courts below improperly applied the...

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