Opinion
No. 92-2330
Submitted March 22, 1994 —
Decided May 4, 1994.
APPEAL and CROSS-APPEAL from the Court of Appeals for Franklin County, No. 92AP-717.
ON MOTION FOR CLARIFICATION.
Clark, Perdue, Roberts Co., L.P.A., and Dale K. Perdue, for appellees and cross-appellants.
John C. Nemeth Associates, John C. Nemeth and David A. Caborn, for appellant and cross-appellee.
Hamilton, Kramer, Myers Cheek and James R. Gallagher, and Louis A. Jacobs, in opposition to modification of entry for amicus curiae, State Farm Insurance Companies.
The motion of appellant for a clarification is granted. Our entry ( 68 Ohio St.3d 238, 626 N.E.2d 73) is amended nunc pro tunc. The opinion of the court of appeals is vacated to the extent it deals with issues discussed in Savoie v. Grange Mut. Ins. Co. (1993), 67 Ohio St.3d 500, 620 N.E.2d 809, and/or clarified in Newman v. United Ohio Ins. Co. (1994), 69 Ohio St.3d 1204, 631 N.E.2d 157, decided today. We do not disturb the remainder of the opinion of the court of appeals.
This cause is remanded to the trial court to apply Savoie and Newman.
A.W. SWEENEY, DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.
WRIGHT, J., dissents.
MOYER, C.J., not participating.