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ERIE INS. CO. v. KALTENBACH

No. 98AP-429.

130 Ohio App.3d 542 (1998)

ERIE INSURANCE COMPANY, Appellee, v. KALTENBACH, Appellant.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided December 10, 1998.

Attorney(s) appearing for the Case

Nemeth, Caborn & Butauski and Michael J. Collins, for appellee.

Frank E. Todaro, for appellant.

JOHN C. YOUNG, Judge.

Appellant, John J. Kaltenbach II, appeals the judgment of the Franklin County Municipal Court granting the motion for summary judgment of appellee, Erie Insurance Company, and denying Kaltenbach's motion for summary judgment.

Kaltenbach was an insured of Erie under an automobile insurance policy. The Erie policy contained the following subrogation provision:

"After we make a payment...

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