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Carroll v. Allstate Insurance Co.6/14/2002
ht than its insured with respect to its claim against Nationwide. See Federal Union Life Ins. Co. v. Deitsch (1934), 127 Ohio St. 505, 510. Therefore, Allstate is not entitled to judgment against Nationwide in the amount of $100,000.
Nationwide's sixth assignment of error is sustained.
VII.
Nationwide argues, in its seventh assignment of error, that the trial court's orders are inconsistent and inequitable because they permit both appellee Carroll and Allstate to separately recover the same damages, for the same loss, from the same defendant.
We find this assignment of error moot because we previously determined that Appellee Carroll is not entitled to underinsured motorist coverage under the policy issued to his parents by Nationwide.
Nationwide's seventh assignment of error is overruled.
For the foregoing reasons, the judgment of the Court of Common Pleas, Holmes County, Ohio, is hereby reversed and remanded for further proceedings consistent with this opinion.
Judgment reversed and cause remanded.
William B. Hoffman, P.J., and Edwards, J., concur.
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