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KEMPER v. MICHIGAN MILLERS MUT. INS. CO.

No. 2001-1709.

98 Ohio St.3d 162 (2002)

2002-Ohio-7101

KEMPER ET AL. v. MICHIGAN MILLERS MUTUAL INSURANCE COMPANY ET AL.

Supreme Court of Ohio.

Decided December 24, 2002.

Attorney(s) appearing for the Case

Elk & Elk Co., L.P.A., David J. Elk and Todd O. Rosenberg, for petitioners Sherrie L. Kemper et al.

Gallagher, Sharp, Fulton & Norman, Alton L. Stephens, James T. Tyminski Jr. and D. John Travis, for respondent Michigan Millers Mut. Ins. Co.

Gallagher, Gams, Pryor, Tallan & Littrell, L.L.P., and James R. Gallagher, for amicus curiae Ohio Association of Civil Trial Attorneys.

Wiles, Boyle, Burkholder & Bringardner Co., L.P.A., Michael L. Close and Samuel M. Pipino, for amicus curiae American International Companies.

{¶ 1} The following questions have been certified to us by the United States District Court for the Northern District of Ohio, Western Division, pursuant to S.Ct.Prac.R. XVIII:

{¶ 2} "(1) Are the requirements of Linko v. Indemnity Ins. Co. [2000], 90 Ohio St.3d [445, 739 N.E.2d 338], relative to an offer of UM/UIM coverage, applicable to a policy of insurance written after enactment of [1997] HB 261 and before [2001] SB 97?

{¶ 3} "(2...

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