Legal Opinion

Universal Underwriters Insurance v. Shuff

Ohio Supreme Court

Decided July 15, 1981No. 80-1506Published

1DissentClifford F. Brown, J.

I find the doctrine of res judicata inapplicable to this case. We do not deal with the effect of a prior judgment on a later court action, but the effect of a prior lawsuit on contractual rights. See AutoOwners Ins. Co. v. Higby (1976), 69 Mich. App. 485, 245 N.W. *1762d 102, and Farm Bureau Mutual Ins. Co. v. Bower (1978), 87 Mich. App. 305.1 find no authority for the proposition that the principle of res judicata applies to nullify or control arbitration provisions in a contract.

Issues decided in a legal action are not binding upon the arbitrators in an arbitration proceeding between the same…

Also in this document: Concurring in part, dissenting in part.

2Cases cited8 opinions

  1. Norwood v. McDonaldOhio Supreme Court · 1943
  2. LaBarbera v. BatschOhio Supreme Court · 1967
  3. Trautwein v. SorgenfreiOhio Supreme Court · 1979
  4. State ex rel. Kopchak v. LimeOhio Supreme Court · 1975
  5. Auto-Owners Insurance v. HigbyMichigan Court of Appeals · 1976

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