Akins v. Harco Ins. Co.
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[Cite as Akins v. Harco Ins. Co., 106 Ohio St.3d 41, 2005-Ohio-3557.] AKINS, ADMR., APPELLEE, v. HARCO INSURANCE COMPANY ET AL.; OLD REPUBLIC INSURANCE COMPANY ET AL., APPELLANTS. [Cite as Akins v. Harco Ins. Co., 106 Ohio St.3d 41, 2005-Ohio-3557.] Uninsured/underinsured motorist coverage Court of appeals judgment reversed and cause remanded for application of Hollon v. Clary. (No. 2004-1615 Submitted December 14, 2004 Decided July 27, 2005.) APPEAL from the Court of Appeals for Lucas County, No. L-03-1279, 158 Ohio App.3d 292, 2004-Ohio-4267, 815 N.E.2d 686. __________________ {¶ 1} The discretionary appeal of Old Republic Insurance Company is accepted on Proposition of Law No. I. {¶ 2} The discretionary appeal of Owners Insurance Company is not accepted. {¶ 3} The judgment of the court of appeals is reversed insofar as it holds that extrinsic evidence may not be used to establish a valid offer of uninsured/underinsured motorist coverage, and the cause is remanded to the court of appeals for application of Hollon v. Clary, 104 Ohio St.3d 526, 2004-Ohio6772, 820 N.E.2d 881. MOYER, C.J., LUNDBERG STRATTON, O CONNOR and O DONNELL, JJ., concur. RESNICK and PFEIFER, JJ., dissent. LANZINGER, J., not participating. __________________ Miraldi & Barrett Co., L.P.A., and David P. Miraldi, for appellee. Reminger & Reminger Co., L.P.A., and Erin Stottlemyer Gold, for appellant Old Republic Insurance Company. SUPREME COURT OF OHIO Manahan, Pietrykowski, DeLaney & Wasielewski and Cormac B. DeLaney, for appellant Owners Insurance Company. ______________________ 2
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