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COLE v. HOLLAND

No. 94-2569.

76 Ohio St.3d 220 (1996)

COLE ET AL., APPELLEES, v. HOLLAND; NATIONWIDE INSURANCE COMPANY, APPELLANT.

Supreme Court of Ohio.

Decided August 7, 1996.

Attorney(s) appearing for the Case

Patrick J. D'Andrea, Lee A. Schaffer and Dean A. Young, for appellees.

Robert J. Drexler, for appellant.

Mark W. Ruf, urging affirmance for amicus curiae, Ohio Academy of Trial Lawyers.

Weston, Hurd, Fallon, Paisley & Howley, Timothy D. Johnson, Gregory E. O'Brien and Daniel A. Richards, urging reversal for amicus curiae, Ohio Association of Civil Trial Attorneys.

Roetzel & Andress Co., L.P.A., Ronald B. Lee and Laura M. Faust, urging reversal for amici curiae, Progressive Insurance Company, Leader National Insurance Company, Ohio Insurance Institute, and State Auto Insurance Company.

ALICE ROBIE RESNICK, J.

The issue presented is whether a provider of underinsurance coverage may set off money received by its insured from a tortfeasor's insurer against the insured party's damages, or whether the setoff may be against the relevant policy limit.

Former R.C. 3937.18(A)(2) required "[u]nderinsured motorist coverage, which shall be in an amount of coverage equivalent to the automobile liability or motor vehicle liability coverage and shall provide...

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