{¶ 1} The judgment of the court of appeals is affirmed on the authority of Kyle v. Buckeye Union Ins. Co., 103 Ohio St.3d 170, 2004-Ohio-4885, 814 N.E.2d 1195.
Moyer, C.J., Lundberg Stratton, O’Connor and O’Donnell, JJ., concur.Resnick, F.E. Sweeney and Pfeifer, JJ., dissent.
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