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STATE AUTO. MUT. INS. CO. v. PROGRESSIVE CAS. INS. CO.

No. C-080284.

180 Ohio App.3d 139 (2008)

2008-Ohio-6835

STATE AUTOMOBILE MUTUAL INSURANCE COMPANY, Appellee, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, Appellant.

Court of Appeals of Ohio, First District, Hamilton County.

Decided December 26, 2008.

Attorney(s) appearing for the Case

Droder & Miller Co., L.P.A., and W. John Sellins, for appellee.

Breidenbach, O'Neal & Bacon and Robert M. O'Neal, for appellant.

CUNNINGHAM, Judge.

{¶ 1} In this appeal, we must determine whether the trial court correctly calculated and apportioned liability for underinsured-motorist benefits between two insurance carriers, appellee State Automobile Mutual Insurance Company ("State Auto") and appellant Progressive Casualty Insurance Company ("Progressive").

I

{¶ 2} In April 2004, Angela Smith and her daughter Michaelia Smith were injured...

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