Summary
In Shirley, supra, the Ohio Supreme Court found an insurance company may successfully bring a motion pursuant to Civ. R. 60 (B) to reverse a previously entered judgment made pursuant to Scott-Pontzer, and pre-dating the Supreme Court's decision in Galatis. It is clear the Ohio Supreme Court has determined Scott-Pontzer and Ezawa claims will not be recognized in Ohio.
Summary of this case from Rice v. American SelectOpinion
Nos. 2004-1219, 2004-1220.
Submitted January 11, 2005.
Decided February 2, 2005.
APPEAL from and CERTIFIED by the Court of Appeals for Stark County, No. 2003CA00361.
John S. Coury, for appellees.
Pelini Fischer, Ltd., Craig G. Pelini and Mark F. Fischer, for appellant.
{¶ 1} The judgment of the court of appeals is reversed on the authority of Hopkins v. Dyer, 104 Ohio St.3d 461, 2004-Ohio-6769, 820 N.E.2d 329, and the cause is remanded to the trial court for application of Westfield Ins. Co. v. Galatis, 100 Ohio St.3d 216, 2003-Ohio-5849, 797 N.E.2d 1256.
Moyer, C.J., Stratton, O'Connor and O'Donnell, JJ., concur.
Resnick and Pfeifer, JJ., dissent.
Lanzinger, J., not participating.