Bowers v. Grange Ins. Co.

Full title: BOWERS ET AL., APPELLANTS, v. GRANGE INSURANCE COMPANY, APPELLEE

Court: Supreme Court of Ohio

Date published: Oct 5, 1994

639 N.E.2d 445 (Ohio 1994)

639 N.E.2d 445

Opinion

No. 94-563

Submitted August 31, 1994 —

Decided October 5, 1994.

APPEAL from the Court of Appeals for Franklin County, No. 93AP-836.

Isaac, Brant, Ledman Teetor and J. Stephen Teetor, for appellants.

David G. Bale, for appellee.

The judgment of the court of appeals is reversed and the cause is remanded to the trial court to apply Martin v. Midwestern Group Ins. Co. (1994), 70 Ohio St.3d 478, 639 N.E.2d 438, decided today.

A.W. SWEENEY, DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.

MOYER, C.J., concurs separately.

MOYER, C.J., concurring separately.

I concur separately in the judgment entry in the above-styled case. As my dissent in Martin v. Midwestern Group Ins. Co. (1994), 70 Ohio St.3d 478, 485, 639 N.E.2d 438, 443, stated, I do not agree with the law announced in the majority decision. Nevertheless, it is the law on the issue in the above-styled case. As I believe all parties should receive equal application of the law announced by this court, and only for that reason, I concur in the judgment entry.

WRIGHT, J., dissents

for the reasons stated in the dissenting opinions in Martin v. Midwestern Group Ins. Co. (1994), 70 Ohio St.3d 478, 485-486, 639 N.E.2d 438, 443.