2004-Ohio-5846, 817 N.E.2d 76
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Nos. 2003-0363 and 2003-0457.Supreme Court of Ohio.Submitted October 13, 2004.
Decided November 17, 2004.
Appeal from and Certified by the Court of Appeals for Cuyahoga County, No. 80509, 2003-Ohio-278.
{¶ 1} The judgment of the court of appeals is reversed and the cause is remanded for disposition in accordance with Katz v. Ohio Ins. Guar. Assn., 103 Ohio St.3d 4, 2004-Ohio-4109, 812 N.E.2d 1266.
MOYER, C.J., RESNICK, F.E. SWEENEY, PFEIFER, O’CONNOR and O’Donnell, JJ., concur.
LUNDBERG STRATTON, J., dissents.
LUNDBERG STRATTON, J., dissenting.
{¶ 2} Because I agree with the analysis of the court of appeals that only one covered claim exists for purposes of Ohio Insurance Guaranty Association’s (“OIGA”) exposure, I respectfully dissent. In Katz v. Ohio Ins. Guar. Assn., 103 Ohio St.3d 4, 2004-Ohio-4109, 812 N.E.2d 1266, I dissented from that part of the majority’s judgment that obligated OIGA to pay more than the statutory maximum limit of $300,000 for one medical malpractice action. For the same reasons here, I do not agree that OIGA should be obligated for more than one covered claim in this matter.
Berns, Ockner Greenberger, L.L.C., Sheldon I. Berns and Paul M. Greenberger, for appellants.
Vorys, Sater, Seymour Pease, L.L.P., F. James Foley and Lisa Babish Forbes, for appellee.
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