Legal Opinion

Lovewell v. Physicians Insurance

Ohio Supreme Court

Decided June 25, 1997No. 95-2433PublishedCited by 20 opinions

1Opinion of the CourtMoyer, C.J.

The question presented is whether a medical malpractice insurer can be held liable for an award of prejudgment interest when its insured, acting pursuant to a contract right, withholds consent to any settlement offer by the insurer, and the trial court finds, under R.C. 1343.03(C), that the party required to pay failed to make a good faith effort to settle the case. For the reasons that follow, we hold that such insurer is not liable for coverage of the prejudgment interest award, and we therefore reverse the judgment of the court of appeals.

The parties agree that this case raises no genuine…

2Cases cited9 opinions

  1. Alexander v. Buckeye Pipe Line Co.Ohio Supreme Court · 1978
  2. Nationwide Mutual Fire Insurance v. Guman Bros. FarmOhio Supreme Court · 1995
  3. Hybud Equipment Corp. v. Sphere Drake InsuranceOhio Supreme Court · 1992
  4. Kalain v. SmithOhio Supreme Court · 1986
  5. Ohio Bell Telephone Co. v. Public Utilities CommissionOhio Supreme Court · 1992

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3Cited by20 opinions

  1. Mark-It Place Foods, Inc. v. New Plan Excel Realty Trust, Inc.Ohio Court of Appeals · 2004
  2. Motorists Mutual Insurance v. Dandy-Jim, Inc.Ohio Court of Appeals · 2009
  3. Dana Corporation v. Celotex Asbestos Settlement Trust, Intervenor-Appellant, Fireman's Fund Insurance CompaniesCourt of Appeals for the Sixth Circuit · 2001
  4. Andre v. Case Design, Inc.Ohio Court of Appeals · 2003
  5. Cocca Dev. v. Mahoning Cty. Bd. of Commrs.Ohio Court of Appeals · 2010

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