Opinion
2004-0193.
December 29, 2005.
Cuyahoga App. No. 82807, 2003-Ohio-6485. Reported at 106 Ohio St.3d 403, 2005-Ohio-5410, 835 N.E.2d 692.
RECONSIDERATION OF PRIOR DECISIONS
On motion for reconsideration. Motion denied.
RESNICK, PFEIFER and LANZINGER, JJ., dissent.
On motion for clarification. The motion for clarification is granted. The opinion issued on October 26, 2005, is clarified as follows:
The last sentence of ¶ 20 is corrected to read as follows: The insured is not foreclosed from commencing an action for UM/UIM coverage so long as the insured satisfies the policy's conditions precedent to coverage, including commencing an action against the insurer within the contractual limitation period.