Opinion
ANNOUNCEMENT FRIDAY January 21, 2000
99-1142. State ex rel. OHIC Ins. Co. v. Ohio Ins. Guar. Assn.
In Mandamus.
This cause originated in this court on the filing of a complaint for a writ of mandamus. Relators seek a writ of mandamus permanently directing respondent ("OIGA") from seeking to assert the position that R.C. 3955.13(A) mandates the exhaustion of the available insurance coverage of all co-defendants before the OIGA will satisfy its statutory obligations on behalf of former insureds of Physicians Insurance Exchange Mutual Insurance Company ("PIE").
On December 10, 1999, relators filed a motion requesting a ninety-day stay of all trials involving medical malpractice actions, currently pending in Ohio, involving an OHIC insured, and where the issue of exhaustion under R.C. 3955.13(A) is being asserted by the OIGA. Relators assert that a stay of trial dates in these cases is necessary to protect the interests of tort claimants, PIE insureds, and non-PIE co-defendants insured by OHIC. Upon consideration thereof,
IT IS ORDERED by the court that the motion for a ninety-day stay be, and hereby is, granted.
This order is entered, nunc pro tunc, effective January 19, 2000, and the stay shall remain in effect for ninety days from that date unless otherwise ordered by the court.
DOUGLAS and PFEIFER, JJ., dissent.