Opinion
Nos. 2003-1352., 2003-1497.
Submitted November 3, 2003.
Decided December 10, 2003.
Appeal and Cross-Appeal from and Certified by the Court of Appeals for Ottawa County, No. OT-02-015, 2003-Ohio-3685 and 2003-Ohio-3984.
Connelly, Jackson Collier, L.L.P., Anthony E. Turley and Jason A. Hill, for appellee and Cross-Appellant.
Davis Young and Henry A. Hentemann, for appellant and Cross-Appellee.
{¶ 1} The discretionary appeal is accepted.
{¶ 2} The certification of conflict is not accepted.
{¶ 3} The cross-appeal is dismissed as moot.
{¶ 4} The judgment of the court of appeals against Travelers Property Casualty Company is reversed on the authority of Westfield Ins. Co. v. Galatis, 100 Ohio St.3d 216, 2003-Ohio-5849, 797 N.E.2d 1256.
Moyer, C.J., Lundberg Stratton, O'Connor and O'Donnell, JJ., concur.
Resnick, F.E. Sweeney and Pfeifer, JJ., dissent.