AKINS v. HARCO INS. CO., 106 Ohio St.3d 41 (2005)

2005-Ohio-3557, 830 N.E.2d 1161

AKINS, Admr., APPELLEE, v. HARCO INSURANCE COMPANY et al.; Old Republic Insurance Company ET AL., APPELLANTS.

No. 2004-1615.Supreme Court of Ohio.Submitted December 14, 2004.
Decided July 27, 2005.

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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 o Hollon v. Clary, 104 Ohio St.3d 526, 2004-Ohio-6772, 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, Lorain, for appellee.

Reminger Reminger Co., L.P.A., and Erin Stottlemyer Gold, Cleveland, for appellant Old Republic Insurance Company.

Manahan, Pietrykowski, DeLaney Wasielewski and Cormac B. DeLaney, Toledo, for appellant Owners Insurance Company.

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