CSULIK v. NATIONWIDE MUT. INS. CO.

No. 98-772.

88 Ohio St.3d 17 (2000)

CSULIK, EXECUTOR, ET AL., APPELLANTS, v. NATIONWIDE MUTUAL INSURANCE COMPANY, APPELLEE.

Supreme Court of Ohio.

Decided February 16, 2000.


Attorney(s) appearing for the Case

The Okey Law Firm, L.P.A., and Mark D. Okey, for appellants.

Weston, Hurd, Fallon, Paisley & Howley, L.L.P., Timothy D. Johnson and Gregory E. O'Brien, for appellee.


Submitted April 21, 1999 at the Hardin County and Ohio Northern University Law School Session.

PFEIFER, J.

We hold that the phrase "due by law" in the Nationwide policy regarding UM/UIM coverage is ambiguous, susceptible of more than one interpretation, and that the ambiguity must be construed strictly against the insurer and liberally in favor of the insured.

The phrase at issue in this case is:

"We will pay compensatory damages, including...

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