FERRANDO v. AUTO-OWNERS MUT. INS. CO.

No. 2001-1843.

98 Ohio St.3d 186 (2002)

2002-Ohio-7217

FERRANDO ET AL., APPELLANTS, v. AUTO-OWNERS MUTUAL INSURANCE COMPANY ET AL.; PERSONAL SERVICE INSURANCE COMPANY, APPELLEE.

Supreme Court of Ohio.

Decided December 27, 2002.


Attorney(s) appearing for the Case

Nurenberg, Plevin, Heller & McCarthy Co., L.P.A., and Kathleen J. St. John, for appellants.

Baker & Hackenberg and I. James Hackenberg, for appellee.

Elk & Elk Co., L.P.A., and Todd O. Rosenberg, urging reversal for amicus curiae Ohio Academy of Trial Lawyers.

Bricker & Eckler, L.L.P., Kurtis A. Tunnell, Anne Marie Sferra and Robert Katz, urging affirmance for amici curiae American Insurance Association, National Association of Independent Insurers, Alliance of American Insurers, Ohio Chapter of the National Federation of Independent Business, Ohio Manufacturer's Association, Ohio Farm Bureau Federation, Ohio Chemistry Technology Council, and Ohio Council of Retail Merchants.

Keener, Doucher, Curley & Patterson, W. Charles Curley and Jenifer J. Murphy, urging affirmance for amicus curiae Ohio Association of Civil Trial Attorneys.


ALICE ROBIE RESNICK, J.

{¶ 1} This appeal requires us to consider whether a provider of underinsured or uninsured motorist ("UIM") coverage may be released from its obligation to provide coverage due to the failure of a claimant to notify the insurer of a potential claim prior to settlement with and full release of the tortfeasor who caused the injury giving rise to the potential claim. The motor vehicle...

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