Ohio Supreme Court· 3/30/1988

Bogan v. Progressive Casualty Insurance

Citations

36 Ohio St. 3d 22
521 N.E.2d 447
1988 Ohio LEXIS 73

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

concluding that the policy’s exhaustion clause “is a valid precondition to coverage under such policy.”
construing a subrogation clause constructed and phrased similarly to those at issue here
\[A]n insurer may not avoid coverage by unreasonably refusing to consent to a settlement....\
“The exhaustion clause must be construed as ... a threshold requirement and not a barrier to [UIM] coverage”
overruled in part on other grounds by Ferrando v. Auto-Owners Mut. Ins. Co., 98 Ohio St.3d 186, 781 N.E.2d 927 (2002)
“[T]he Bogans’ grant of a full and final release to the [tortfeasors] effectively destroyed Progressive’s subrogation right to recover from the [tortfeasors] any money paid to the Bogans.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Brown, Douglas, Holmes, Locher, Moyer, Sweeney, Wright

Read full opinion on CourtListener

Cited by

37 cases in this archive cite this case; the 20 most cited are listed.

Cites

10 cases in this archive are cited by this case.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.