LAYNE v. PROG. PREFERRED INS. CO.

No. 2003-1447.

104 Ohio St.3d 509 (2004)

2004-Ohio-6597

LAYNE, Appellant, v. PROGRESSIVE PREFERRED INSURANCE COMPANY, Appellee.

Supreme Court of Ohio.

Decided December 15, 2004.


Attorney(s) appearing for the Case

The Okey Law Firm, L.P.A., Steven P. Okey, Canton; Landskroner Grieco, Ltd., and Jack Landskroner, Cleveland; Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, L.L.P., Frank J. Janacek Jr., Kevin K. Green, and Timothy Blood, for appellant.

Baker & Hostetler, L.L.P., Ernest E. Vargo, Ronald S. Okada, Brett A. Wall, and Bridget M. Brennan, Cleveland, for appellee.

Allen Schulman Jr., Columbus and Edward A. Icove, Cleveland, urging reversal on behalf of amici curiae Ohio Academy of Trial Lawyers and National Association of Consumer Advocates.

Frost Brown Todd L.L.C., Douglas R. Dennis and Maureen P. Haney, Cincinnati, urging affirmance on behalf of amicus curiae Ohio Association of Civil Trial Attorneys.

Thompson Hine, L.L.P., and Alan F. Berliner, Columbus, urging affirmance on behalf of amicus curiae Property Casualty Insurers Association of America.

Eastman & Smith Ltd. and M. Charles Collins, Toledo, urging affirmance on behalf of amici curiae National Union Fire Insurance Company of Pittsburgh, PA and Commerce & Industry Insurance Company.

Baker & Hostetler, L.L.P., Mark A. Johnson and Rodger L. Eckelberry, Columbus, urging affirmance on behalf of amici curiae Ohio Insurance Institute, State Farm Mutual Automobile Insurance Company, Cincinnati Insurance Company, and Westfield Insurance Company.


O'CONNOR, J.

{¶ 1} This case arises from an underlying suit brought by appellant, Allen R. Layne, against appellee, Progressive Preferred Insurance Company, seeking damages allegedly resulting from an automobile accident involving Layne and one of Progressive's insureds. A pretrial conference was held in that case on October 31, 2000. Although the parties differ on the nature and extent of the understanding reached at that pretrial conference, they...

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