Newkirk v. State Farm Mutual Insurance Company

Full title: Newkirk, Appellant, v . State Farm Mutual Insurance Company, Appellee

Court: Supreme Court of Ohio

Date published: May 10, 2000

727 N.E.2d 592 (Ohio 2000)

727 N.E.2d 592

Opinion

No. 99-1302.

Submitted April 11, 2000.

Decided May 10, 2000.

Appeal from the Court of Appeals for Preble County, No. CA98-05-005.

Waite, Schneider, Bayless Chesley Co., L.P.A., and D. Arthur Rabourn, for appellant.

Freund, Freeze Arnold and Gordon D. Arnold, for appellee.

The judgment of the court of appeals is vacated, and the cause is remanded to the trial court for further proceedings and consideration, where applicable, of the Supreme Court's decisions in Wolfe v. Wolfe (2000), 88 Ohio St.3d 246, 725 N.E.2d 261, and Moore v. State Auto. Mut. Ins. Co. (2000), 88 Ohio St.3d 27, 723 N.E.2d 97.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur.

Cook and Lundberg Stratton, JJ., dissent.

Lundberg Stratton, J., dissenting.

I respectfully dissent for the reasons set forth in the dissenting opinions in Wolfe v. Wolfe (2000), 88 Ohio St.3d 246, 252-255, 725 N.E.2d 261, 267-269.

I do not believe that Moore v. State Auto. Mut. Ins. Co. (2000), 88 Ohio St.3d 27, 33, 723 N.E.2d 97, 103, correctly disposes of appellant's second proposition of law that challenges the validity of a named-driver exclusion in a contract of insurance. However, to the extent that the majority considers Moore applicable, I respectfully dissent for the reasons set forth in my opinion in Moore. Id., 88 Ohio St.3d 27, 33, 723 N.E.2d 97, 103.

Cook, J., concurs in the foregoing dissenting opinion.