Rodney Fosnight died as the result of an automobile collision with a car driven by John Esquivel. Rodney's son, Lonnie Fosnight, was appointed administrator of his father's estate. Although the Ohio statute requires any settlement by an administrator to be approved by the probate court, Lonnie entered into a settlement agreement for the policy limit of $15,000 without such approval.
The trial court entered judgment, ordering the enforcement of the settlement agreement. The administrator brought this appeal, asserting that Esquivel's policy limit was $30,000.
The higher court found that the trial court's finding was erroneous since the agreement had not been approved by the probate court as required by the Ohio statute.
The administrator further maintained that, under the Esquivel policy, each "next of kin" of Rodney Fosnight could collect the per-person limit of $15,000, subject to the per-accident limit of $30,000.
The court agreed, concluding that the total available coverage was the per-accident limit of $30,000.
The judgment entered in the trial court finding that the settlement agreement was valid was reversed and remanded for proceedings consistent with this opinion.
Fosnight, Admr., Appellant, v. Esquivel, Admr. et al--No. 13 95
21--Court of Appeals of Ohio, Third District, Seneca County--September
18, 1995--666 North Eastern Reporter 2d 273.