2007-Ohio-6518
No. 2007-1762.Supreme Court of Ohio.
December 12, 2007.
Lucas App. No. L-07-1022, 2007-Ohio-4094.
MOTION AND PROCEDURAL RULINGS
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 4 of the court of appeals’ Decision and Judgment Entry filed September 5, 2007:
“Whether, in a claim for statutory wrongful death damages against a claimant’s underinsured motorists coverage, ambiguity exists in the insurance contract when the policy grants coverage for damages sustained `because of bodily injury,’ yet under an other-owned auto exclusion bars coverage for damages by the less inclusive `for bodily injury.'”
PFEIFER, J., dissents.
LANZINGER and CUPP, JJ., not participating.
The conflict case is Tuohy v. Taylor, Defiance App. No. 4-06-23, 2007-Ohio-3597.
Sua sponte, cause consolidated with 2007-1760, Lager v. Miller-Gonzalez, Lucas App. No. L-07-1022, 2007-Ohio-4094.