Nationwide Mutual Ins. Co. v. Briggs

Full title: NATIONWIDE MUTUAL INSURANCE COMPANY, APPELLANT, v. BRIGGS, APPELLEE

Court: Supreme Court of Ohio

Date published: Mar 30, 2011

2011 Ohio 1420 (Ohio 2011)

2011 Ohio 1420

Opinion

No. 2010-0114.

Submitted March 2, 2011.

Decided March 30, 2011.

APPEAL from the Court of Appeals for Stark County, No. 2009 CA 00108, 2009-Ohio-6452.

Kirk E. Roman and Joyce V. Kimbler, for appellant.

Stephen A. Ginella Jr., for appellee.

Michael S. Schroeder and David J. Jansky, urging affirmance for amicus curiae, Ohio Association for Justice.

{¶ 1} The cause is dismissed, sua sponte, as having been improvidently accepted.

{¶ 2} The court orders that the opinion of the court of appeals may not be cited as authority except by the parties inter se.

O'CONNOR, C.J., and PFEIFER, O'DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur.

LUNDBERG STRATTON, J., dissents.

LUNDBERG STRATTON, J., dissenting.

{¶ 3} I respectfully dissent. I would reverse the judgment of the court of appeals and remand for application of Allstate Ins. Co. v. Campbell, 128 Ohio St.3d 186, 2010-Ohio-6312, 942 N.E.2d 1090.