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DAVIDSON v. MOTORISTS MUT. INS. CO.

Nos. 00-132 and 00-170.

91 Ohio St.3d 262 (2001)

DAVIDSON ET AL., APPELLEES, v. MOTORISTS MUTUAL INSURANCE COMPANY, APPELLANT.

Supreme Court of Ohio.

Decided April 11, 2001.

Attorney(s) appearing for the Case

Clark, Perdue, Roberts & Scott, Douglas S. Roberts and Glen R. Pritchard, for appellees. Keener, Doucher, Curley & Patterson, L.P.A., and W. Charles Curley, for appellant.

Robert W. Kerpsack Co., L.P.A., and Robert W. Kerpsack, urging affirmance for amicus curiae Ohio Academy of Trial Lawyers.

Boyk, McCulley & Crossmock and Steven L. Crossmock, urging affirmance for amici curiae Michael K. and Lori Overton.

Gallagher, Bradigan, Gams, Pryor & Littress, L.L.P., and James R. Gallagher, urging reversal for amicus curiae Ohio Academy of Civil Trial Attorneys.

David L. Jarrett, urging reversal for amicus curiae Western Reserve Group.

Keller & Curtin Co., L.P.A., and Stanley S. Keller; Ross & Hardies, Peter J. Valeta and Matthew S. Elvin, urging reversal for amicus curiae National Association of Independent Insurers.

FRANCIS E. SWEENEY, SR., J.

On September 26, 1995, plaintiff-appellee Gerald Davidson sustained serious injuries in an automobile collision caused by the negligence of Gary Cusick. At the time of the accident, Cusick had in effect a $100,000 liability insurance policy issued by Farmer's Insurance. Davidson was paid the full policy limit.

He then sought underinsured motorist coverage from his own motor vehicle insurance carrier, defendant-appellant Motorists...

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