Insurance Co. of North America v. Mayfield

Ohio Supreme Court

Insurance Co. of North America v. Mayfield

509 N.E.2d 944, 31 Ohio St. 3d 160, 31 Ohio B. 324, 1987 Ohio LEXIS 309

Ohio Supreme Court·Decided July 1, 1987·No. No. 86-1531·Published

Opinions

The judgment in this cause, having been certified by the court of appeals in case No. 85AP-546 as being in conflict with Holben v. Interstate Motor Freight System (Oct. 18,1985), Lucas App. Nos. L-85-036, L-85-037 and L-85-053, unreported, is hereby reversed on authority of Holben v. Interstate Motor Freight System (1987), 31 Ohio St. 3d 152, 31 OBR 318, 509 N.E. 2d 938, and the cause is remanded to the trial court.

[161]*161Moyer, C.J., Sweeney, Holmes, Wright and H. Brown, JJ., concur. Locher and Douglas, JJ., dissent.

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The judgment in this cause, having been certified by the court of appeals in case No. 85AP-546 as being in conflict with Holben v. Interstate Motor Freight System (Oct. 18,1985), Lucas App. Nos. L-85-036, L-85-037 and L-85-053, unreported, is hereby reversed on authority of Holben v. Interstate Motor Freight System (1987), 31 Ohio St. 3d 152, 31 OBR 318, 509 N.E. 2d 938, and the cause is remanded to the trial court.

[161]*161Moyer, C.J., Sweeney, Holmes, Wright and H. Brown, JJ., concur. Locher and Douglas, JJ., dissent.

Insurance Co. of North America v. Mayfield, 509 N.E.2d 944, 31 Ohio St. 3d 160, 31 Ohio B. 324, 1987 Ohio LEXIS 309 (Ohio 1987).

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