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.
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.
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.