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   State Courts - Ohio - February 12, 2007

  
Wilborn v. Bank One Corp., CASE NO. 04-MA-182, COURT OF APPEALS OF OHIO, SEVENTH APPELLATE DISTRICT, MAHONING COUNTY, February 12, 2007, Decided
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Overview: The common law did not bar mortgagees from requiring the payment of attorney fees to reinstate a defaulted mortgage because (1) the provision was not in the mortgagees' sole interest, (2) it was a condition of reinstatement, rather than an obligation arising in connection with the enforcement of a loan, and (3) no statutory provisions precluded it.

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Wohl v. Swinney, CASE NO. CA2006-05-123, COURT OF APPEALS OF OHIO, TWELFTH APPELLATE DISTRICT, BUTLER COUNTY, February 12, 2007, Decided
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Overview: As a vehicle owner's insurance policy was ambiguous with respect to the provision indicating who was an "insured" for purposes of underinsured motorist coverage (UIM), the policy was construed in favor of the vehicle owner as the policyholder, thereby allowing the permissive driver to obtain UIM coverage.

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