Auto. Club Ins. Co. v. Mills

2001 Ohio 21, 90 Ohio St. 3d 574

Opinion

[This decision has been published in Ohio Official Reports at 90 Ohio St.3d 574.]

AUTOMOBILE CLUB INSURANCE COMPANY, APPELLEE, v. MILLS ET AL.; BRANNUM, ADMR., APPELLANT. [Cite as Auto. Club Ins. Co. v. Mills, 2001-Ohio-21.] Insurance—Liability insurance coverage—Court of appeals’ judgment reversed on authority of Doe v. Shaffer. (No. 00-1543—Submitted December 13, 2000—Decided January 17, 2001.) APPEAL from the Court of Appeals for Clermont County, Nos. CA99-07-064 and CA99-07-070. __________________ {¶ 1} The judgment of the court of appeals is reversed on the authority of Doe v. Shaffer (2000), 90 Ohio St.3d 388, 738 N.E.2d 1243. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and COOK, JJ., concur. LUNDBERG STRATTON, J., concurs and dissents. __________________ LUNDBERG STRATTON, J., concurring and dissenting. {¶ 2} I concur with the decision to reverse on the authority of Doe v. Shaffer (2000), 90 Ohio St.3d 388, 738 N.E.2d 1243. However, for the reasons set forth in my dissenting opinion in Doe, supra, I respectfully dissent to the extent that the holding in Doe is being applied retroactively. __________________ Rendigs, Fry, Kiely & Dennis, L.L.P., Joseph W. Gelwicks and Ralph F. Mitchell, for appellee. Heis & Wenstrup Co., L.P.A., Daniel J. Wenstrup and Rebecca J. Allf, for appellant. __________________