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State Courts -
Ohio - January 23, 2007
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Camp v. State Farm Ins. Co., No. 06AP-424,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, January 23, 2007, Rendered
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Overview: The trial court erred because the insured was not entitled to recover UM/UIM benefits under the policy. Pursuant to former R.C. § 3937.18 and the setoff provision in the policy at issue, the $ 50,000 UM/UIM coverage limit of the policy was reduced by the $ 50,000 that the insured received from the tortfeasor's insurer.
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Montoney v. Lincoln Logs, Ltd., No. 06AP-284,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, January 23, 2007, Rendered
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Overview: Summary judgment was proper. In the absence of evidence of any conduct constituting a deceptive, unfair, or unconscionable act by the log home company within the two years preceding the filing of the claims under the Ohio Consumer Sales Practices Act (CSPA), R.C. § 1345.01 et seq., the claims were time-barred by R.C. § 1345.10(C).
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State ex rel. Solley v. Indus. Comm'n, No. 05AP-713,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, January 23, 2007, Rendered
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Overview: The employee was provided the opportunity to request a prehearing conference, pursuant to Ohio Admin. Code § 4121-3-34(C)(7), where the issue of the doctor's failure to examine for all of the physical claim allowances in her PTD claim could have been addressed. Since she did not, she was precluded from raising the issue in a mandamus action.
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Way v. Ohio Dep't of Rehab. & Corr., No. 06AP-657,
COURT OF APPEALS OF OHIO, TENTH APPELLATE DISTRICT, FRANKLIN COUNTY, January 23, 2007, Rendered
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Overview: When an inmate's parole hearing was postponed because it was found that his sentence was erroneously calculated, his declaratory judgment suit, under R.C. § 2721.05, seeking a declaration that his sentence was unlawfully altered, stated no real, justiciable controversy because he sought to enforce a right he did not have to an incorrect sentence.
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