From Casetext: Smarter Legal Research

Clark v. Nationwide Ins. Co.

Supreme Court of Ohio
Mar 2, 1994
627 N.E.2d 529 (Ohio 1994)

Opinion

No. 92-2583

Submitted January 12, 1994 —

Decided March 2, 1994.

APPEAL from the Court of Appeals for Franklin County, No. 92AP-485.

Daniel J. Igoe, for appellant.

Crabbe, Brown, Jones, Potts Schmidt, John M. Gonzales and William H. Jones, for appellee.


The judgment of the court of appeals is reversed on the authority of Savoie v. Grange Mut. Ins. Co. (1993), 67 Ohio St.3d 500, 620 N.E.2d 809, and the cause is remanded to the trial court for application of Savoie.

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

MOYER, C.J., concurs separately.

WRIGHT, J., dissents.


I concur separately in the judgment entry in the above-styled case. As my dissent in Savoie v. Grange Mut. Ins. Co. (1993), 67 Ohio St.3d 500, 620 N.E.2d 809, 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.


I must dissent in continuing protest to the majority's sundry holdings in Savoie v. Grange Mut. Ins. Co. (1993), 67 Ohio St.3d 500, 620 N.E.2d 809. As stated in the dissent in Savoie, that holding lacks sound reasoning, reverses ten years of established case law and flouts the will of the General Assembly. Thus, I feel compelled to remain in this posture until the General Assembly has had the opportunity to undo the damage caused to the public by this unfortunate, result-oriented decision.


Summaries of

Clark v. Nationwide Ins. Co.

Supreme Court of Ohio
Mar 2, 1994
627 N.E.2d 529 (Ohio 1994)
Case details for

Clark v. Nationwide Ins. Co.

Case Details

Full title:CLARK, APPELLANT, v. NATIONWIDE INSURANCE COMPANY, APPELLEE

Court:Supreme Court of Ohio

Date published: Mar 2, 1994

Citations

627 N.E.2d 529 (Ohio 1994)
627 N.E.2d 529

Citing Cases

Beckman v. Prudential Ins. Co.

The defendants attempt to distinguish this case by contending that Savoie dealt only with a wrongful death.…