Schaefer v. Allstate Insurance

*711I

Schaefer et al. v. Allstate Ins. Co.

Case Nos. 91-764 and 91-1042

In determining that its decision was in conflict with Trupp, supra, Said, supra, and Roen, supra, the court of appeals requested that we answer the following questions:

“(1) whether a binding arbitration clause in an automobile insurance policy providing that an award not exceeding the limits of the Financial Responsibility Law of Ohio will not be subject to a trial de novo, is so fundamentally unfair as to be unconscionable; and

“(2) what effect a finding of unconscionability will have upon enforcement of an award made under a…