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POSANTE v. CAMBRIDGE MUT. FIRE INS. CO.

No. 02-4383.

383 F.3d 407 (2004)

Tony POSANTE, Plaintiff-Appellant, v. CAMBRIDGE MUTUAL FIRE INSURANCE COMPANY; Lumbermens Mutual Casualty Company, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 8, 2004.

Attorney(s) appearing for the Case

Mark L. Wakefield (briefed), Lowe, Eklund, Wakefield & Mulvihill, James L. Deese (briefed) Cleveland, OH, for Plaintiff-Appellant.

Timothy John Fitzgerald (briefed), David Paul Bradely, Gallagher, Sharp, Fulton & Norman, Daniel A. Richards, Ronald A. Risbo (briefed) Carol K. Metz, Carol Metz (briefed), Weston, Hurd, Fallon, Paisley & Howley, Cleveland, Oh, for Defendant-Appellee.

Before: MARTIN and SUTTON, Circuit Judges; QUIST, District Judge.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

This appeal concerns the availability of underinsured motorist coverage under Ohio law. The Ohio Supreme Court recently issued a landmark decision in Westfield Insurance Co. v. Galatis, 100 Ohio St.3d 216, 797 N.E.2d 1256 (Ohio 2003), which changed and clarified the law in a way that is dispositive of this case.

Tony Posante, a former employee of Pepsico...

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