WHITLEY v. PROGRESSIVE CAS. INS. CO.

Appeal Nos. C-110157, C-110168

2012 Ohio 329

JEFFREY S. WHITLEY, Plaintiff-Appellant, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, and PROGRESSIVE PREFERRED INSURANCE COMPANY, Defendants-Appellees. LORA N. WHITLEY, Plaintiff-Appellant, v. PROGRESSIVE PREFERRED INSURANCE COMPANY, Defendant-Appellee.

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

Date of Judgment Entry on Appeal: February 1, 2012.


Attorney(s) appearing for the Case

Manley Burke, LPA, Emily Supinger , Daniel J. McCarthy , and James M. Cooney , for Plaintiff-Appellant, Jeffrey S. Whitley.

Thomas J. Ruwe , for Plaintiff-Appellant, Lora N. Whitley.

Freund, Freeze & Arnold and Jennifer K. Nordstrom , for Defendants-Appellees, Progressive Casualty Insurance Company and Progressive Preferred Insurance Company.


OPINION

PER CURIAM.

{¶1} Plaintiffs-appellants Jeffrey S. and Lora N. Whitley appeal the summary judgment entered for defendants-appellees Progressive Preferred Insurance Company and Progressive Casualty Insurance Company ("Progressive") on the issue of whether a Progressive insurance policy excluded uninsured motorist benefits to Jeffrey and Lora where the tortfeasor was statutorily immune from liability. Because we lack jurisdiction...

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