Moorhead v. Nationwide Mutual Fire Insurance Co.

Full title: Moorhead, Appellee, v. Nationwide Mutual Fire Insurance Company, Appellant

Court: Supreme Court of Ohio

Date published: Dec 10, 2003

799 N.E.2d 160 (Ohio 2003)

799 N.E.2d 160

2003 Ohio 6218

Opinion

No. 2003-1541.

Submitted November 3, 2003.

Decided December 10, 2003.

Appeal from the Court of Appeals for Stark County, No. 2002CA00391, 2003-Ohio-4028.

Stanley R. Rubin, for appellee.

Pfau, Pfau Marando and John C. Pfau, for appellant.

{¶ 1} The discretionary appeal is accepted.

{¶ 2} The judgment of the court of appeals is affirmed as to the Canton City School District Board of Education commercial general liability policy and reversed as to the finding of coverage under the business automobile liability policy 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.