Opinion
No. 89-977
Submitted May 15, 1990 —
Decided June 27, 1990.
Insurance — Insurer must aid insured in preservation of its subrogation rights — Settlement — Release does not preclude recovery of underinsurance, when — Subrogation clause in insurer's underinsured motorist provision voided, when.
APPEAL from the Court of Appeals for Lucas County, No. L-88-290.
Michael O. Kenney and Frank W. Cubbon, Jr. Assoc. Co., L.P.A., for appellant.
Cooper, Straub, Walinski Cramer and Alan B. Dills, for appellee.
Subsequent to the decision by the court of appeals in this case, we issued our decision in McDonald v. Republic-Franklin Ins. Co. (1989), 45 Ohio St.3d 27, 543 N.E.2d 456. Based on authority of McDonald, we reverse the judgment of the court of appeals and remand this cause to the trial court for the making of factual findings and the application of McDonald to those findings and for further proceedings.
MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT, H. BROWN and RESNICK, JJ., concur.