Progressive Ins. Co. v. Stewart

Ohio Supreme Court

Progressive Ins. Co. v. Stewart

2001 Ohio 89, 91 Ohio St. 3d 1266

CourtOhio Supreme Court

DecidedMay 23, 2001

Docket1999-1287

StatusPublished

This text of 2001 Ohio 89 (Progressive Ins. Co. v. Stewart) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Progressive Ins. Co. v. Stewart, 2001 Ohio 89, 91 Ohio St. 3d 1266 (Ohio 2001).

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[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. __________________ {¶ 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. __________________ LUNDBERG STRATTON, J., dissenting. {¶ 3} I would reverse the judgment of the court of appeals and reinstate the judgment of the trial court. __________________ 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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[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. __________________ {¶ 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. __________________ LUNDBERG STRATTON, J., dissenting. {¶ 3} I would reverse the judgment of the court of appeals and reinstate the judgment of the trial court. __________________ 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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