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SMITH v. ERIE INS. GROUP

Nos. CA-7902, CA-7903.

61 Ohio App.3d 794 (1990)

SMITH, Admr., Appellee, v. ERIE INSURANCE GROUP et al., Appellants.

Court of Appeals of Ohio, Stark County.

Decided April 16, 1990.

Attorney(s) appearing for the Case

M. Gary Rosenblithe, for appellee Robert A. Smith, Admr. of the Estate of Donna Jean Smith.

William B. Shetler, Gregory A. Huber, Alicia M. Wyler and Catherine A. Pastore, for appellants.

MILLIGAN, Judge.

These two consolidated appeals are from merit declaratory judgments entered in the Court of Common Pleas of Stark County upon the complaint of the personal representative of an intestate decedent against two separate insurance companies. They involve issues arising out of the Ohio wrongful death statute, R.C. 2125.01, and directly involve concepts of underinsured/uninsured motorists.

On September 8, 1986, Donna Jean Smith died from injuries...

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