Opinion
No. 2005-2277.
March 29, 2006.
Fulton App. No. F-05-008, 2005-Ohio-5874.
MOTION AND PROCEDURAL RULINGS
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issues stated at page 14 of the court of appeals' Decision and Judgment Entry filed November 4, 2005:
"Does the Ohio Supreme Court's decision in Wolfe v. Wolfe (2000), 88 Ohio St.3d 246, and R.C. 3937.31(A), prevent an insurance company from amending the terms of its policy language, at the time of renewal, to increase the amount of uninsured and underinsured motorist coverage it provides, prior to the expiration of the two-year guarantee period discussed in R.C. 3937.31(A)? "Is it an unlawful retroactive application to allow Am. Sub. S.B. No. 267 to apply to the terms of a renewal policy, prior to the expiration of the two-year guarantee period discussed in R.C. 3937.31(A), to increase uninsured and underinsured motorist coverage?"
RESNICK, PFEIFER and O'DONNELL, JJ., dissent.
The conflict case is Flowers v. Ohio Mut. Ins. Group, Seneca App. No. 13-02-28, 2003-Ohio-441.