BARBEE v. NATIONWIDE MUT. INS. CO.

No. 2010-1091.

130 Ohio St.3d 96 (2011)

2011-Ohio-4914

BARBEE ET AL., Appellees, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Appellant.

Supreme Court of Ohio.

Decided September 29, 2011.


Attorney(s) appearing for the Case

Chamberlain Law Firm Co., L.P.A., and Henry W. Chamberlain ; and Paul W. Flowers Co., L.P.A., and Paul W. Flowers , for appellees.

Joyce V. Kimbler , for appellant.

Elk & Elk Co., L.P.A., Peter D. Traska , and Ryan M. Harrell , urging affirmance for amicus curiae, Ohio Association for Justice.


CUPP, J.

{¶ 1} We are asked to decide whether a provision in an automobile insurance policy involving uninsured/underinsured-motorist coverage is ambiguous when read in conjunction with another policy provision. The policy provision at issue requires that an action for uninsured/underinsured-motorist coverage be brought against the insurer within three years of the date of the accident. Other provisions, however, require that proceeds from any other...

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