McDonald v. Republic-Franklin Insurance

This case presents the court with another opportunity to review the subrogation rights of an underinsured motorist carrier and the effect on those rights of a general *29release of the tortfeasor by the insured. This issue was considered at length in this court’s recent decision in Bogan v. Progressive Cas. Ins. Co. (1988), 36 Ohio St. 3d 22, 521 N.E. 2d 447. Relying on Bogan, the court of appeals below overruled McDonald’s assignments of error and affirmed the dismissal of her complaint. Because we find the circumstances in this case to be materially different from those considered in Bogan, we…