Progressive Ins. Co. v. Stewart

2001 Ohio 89, 91 Ohio St. 3d 1266

Opinion

[This decision has been published in Ohio Official Reports at 91 Ohio St.3d 1266.]

PROGRESSIVE INSURANCE COMPANY, APPELLANT, v. STEWART, APPELLEE;

CINCINNATI INSURANCE COMPANIES, APPELLANT. [Cite as Progressive Ins. Co. v. Stewart, 2001-Ohio-89.]

Motion for summary reversal on authority of Csulik v. Nationwide Mut. Ins. Co. denied—Appeal dismissed as improvidently allowed. (No. 99-1287—Submitted March 27, 2001—Decided May 23, 2001.) APPEAL from the Court of Appeals for Lucas County, No. L-98-1250.

ON MOTION FOR SUMMARY REVERSAL.

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{¶ 1} The motion for summary reversal on the authority of Csulik v.

Nationwide Mut. Ins. Co. (2000), 88 Ohio St.3d 17, 723 N.E.2d 90, is denied.

{¶ 2} The cause is dismissed, sua sponte, as having been improvidently allowed. MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur. LUNDBERG STRATTON, J., dissents. COOK, J., not participating.

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LUNDBERG STRATTON, J., dissenting.

{¶ 3} I would reverse the judgment of the court of appeals and reinstate the judgment of the trial court.

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Jones & Bahret Co., L.P.A., and Keith J. Watkins, for appellant Progressive Insurance Company. Walter J. Skotynsky, for appellee. Stephen C. Roach, for appellant Cincinnati Insurance Companies.

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