Witt v. Ohio Insurance Guaranty Ass'n

103 Ohio St. 3d 557 | Ohio | 2004

Lead Opinion

{¶ 1} The judgment of the court of appeals is reversed and the cause is remanded for disposition in accordance with Katz v. Ohio Ins. Guar. Assn., 103 Ohio St.3d 4, 2004-Ohio-4109, 812 N.E.2d 1266.

Moyer, C.J., Resnick, F.E. Sweeney, Pfeifer and O’Connor, JJ., concur. Lundberg Stratton, J., dissents. O’Donnell, J., not participating.

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Dissenting Opinion

Lundberg Stratton, J.,

dissenting.

{¶ 2} Because I agree with the analysis of the court of appeals that only one covered claim exists for purposes of Ohio Insurance Guaranty Association’s (“OIGA”) exposure, I respectfully dissent. In Katz v. Ohio Ins. Guar. Assn., 103 Ohio St.3d 4, 2004-Ohio-4109, 812 N.E.2d 1266, I dissented from that part of the majority’s judgment that obligated OIGA to pay more than the statutory maximum limit of $300,000 for one medical malpractice action. For the same reasons here, I do not agree that OIGA should be obligated for more than one covered claim in this matter.