Borsick v. State Farm Mutual Automobile Insurance , 68 Ohio St. 3d 81 ( 1993 )

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Merriman, Appellant, v. State Farm Insurance Company, Appellee.
[Cite as Merriman v. State Farm Ins. Co. (1993), Ohio St.
3d .]
Insurance -- Underinsured motorist coverage -- Wrongful death
claim -- Insurers may contractually preclude intrafamily
stacking but may not contractually preclude interfamily
stacking.
(No. 93-330 -- Submitted November 10, 1993 -- Decided
December 29, 1993.)
Appeal from the Court of Appeals for Ross County, No. 91
CA 1844.
William H. Allyn, Jr., for appellant.
Fosson, Mann & Preston and John L. Fosson, for appellee.
Appellant's motion to certify the record is allowed. All
issues in this case were decided by this court's recent case of
Savoie v. Grange Mut. Ins. Co. (1993), 67 Ohio St. 3d 500,
N.E.2d . "Insurers may contractually preclude intrafamily
stacking -- the stacking of uninsured/underinsured limits of
policies and coverages purchased by family members in the same
household.***" Savoie, supra, paragraph two of syllabus.
Because this case involves the stacking of two insurance
policies owned by a husband and wife, but the jurisdictional
memoranda received by this court do not reveal whether the
couple lived in the same household, we remand the cause to the
trial court to obtain the information from the parties which is
necessary to properly apply the intrafamily/interfamily
stacking test announced in Savoie, supra, and to apply Savoie.
A.W. Sweeney, Douglas, Resnick, F.E. Sweeney and Pfeifer,
JJ., concur.
Moyer, C.J., concurs separately.
Wright, J., concurs in part and dissents in part.
Moyer, C.J., concurring separately. I concur separately
in the judgment entry in the above-styled case. As my dissent
in Savoie v. Grange Mut. Ins. Co. (1993), 67 Ohio St.3d
500, N.E.2d , stated, I do not agree with the law
announced in the majority decision. Nevertheless, it is the
law on the issue in the above-styled case. As I believe all
parties should receive equal application of the law announced
by this court, and only for that reason, I concur in the
judgment entry.
Wright, J., concurring in part and dissenting in part. I
concur in the result, but I must dissent from the reasoning
herein in continuing protest to the majority's sundry holdings
in Savoie v. Grange Mut. Ins. Co. (1993), 67 Ohio St.3d 500,
620 N.E.2d 809.