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Carroll v. Allstate Insurance Co.6/14/2002
ntitled to underinsured motorist coverage up to the single, per-person limit of his Allstate policy less the $8,000, which were proceeds paid by the tortfeasor. Id.
The Karr case is the second case that illustrates the multiple-policies analysis. In Karr, the tortfeasor's liability carrier paid $100,000 to the personal representative of the decedent. Karr at 433. The proceeds were divided equally among the five statutory wrongful death beneficiaries, each receiving $15,660.37. Id. at 433. Each statutory wrongful death beneficiary sought recovery of underinsurance proceeds under his or her own separate policy of insurance.
At the time of the accident, Ginger Karr was insured through a policy of automobile liability insurance issued by Progressive Insurance Company, which provided underinsured motorist coverage benefits of $12,500 per person and $25,000 per accident. Id. at 428. The Ohio Supreme Court concluded that had the decedent been killed by an uninsured motorist, Ginger would have had uninsured motorist coverage up to a maximum amount of $12,500. Id. at 434. However, since Ginger received more from the tortfeasor than she would have received from her policy with Progressive had the decedent been killed by an uninsured motorist, Ginger was not entitled to underinsured motorist coverage. Id. at 434-435.
Vicki Husk sought recovery of underinsurance proceeds from a policy of insurance she had with Allstate Insurance Company ("Allstate"). Id. at 435. The policy contained underinsured motorist coverage with limits of $100,000 per person and $300,000 per accident. Id. Therefore, Vicki could collect up to the $100,000 per-person limit if the accident was the fault of an uninsured motorist. Id. Vicki also received $15,660.37 from the tortfeasor, which is less than the per-person limit of her policy with Allstate. Id. Therefore, the court concluded that Vicki was entitled to underinsured motorist coverage up to the per-person limit of her Allstate policy after setting off the amount recovered from the tortfeasor. Id.
John Beddow sought recovery of underinsurance proceeds from a policy of insurance he had with State Farm Mutual Insurance Company ("State Farm"). Id. The policy provided underinsured motorist coverage with limits of $50,000 per person and $100,000 per accident. John also received $15,660.37 from the tortfeasor. Id. Since John could have collected up to his per-person limit of $50,000 had the tortfeasor been an uninsured motorist, the Court determined that John was entitled to underinsured motorist coverage up to the per-person limit of his policy less the amount available for payment from the tortfeasor. Id.
The facts of the case sub judice require analysis under the single-policy issue as it pertains to the Nationwide policy. In order to determine the amount of underinsured motorist coverage available to appellee Carroll, under the Nationwide policy, as a wrongful death statutory beneficiary, we must first determine the amount that he would have received had his loss resulted from the negligence of an uninsured motorist. Nationwide's policy of insurance contains uninsured motorist coverage of $100,000 per person and $300,000 per accident. According to the Holt case, had Vera Carroll been killed by an uninsured motorist, Appellee Carroll would have the right to recover the per-person policy limit of $100,000 under the policy issued to his parents.
However, as determined in Nationwide's second assignment of error, the maximum amount all wrongful death statutory beneficiaries may recover in uninsured motorist benefits, according to Nationwide's policy language, is the per-person limit of $100,000. The record indicates that t
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