Wilburn v. Allstate Insurance

75 Ohio St. 3d 470 | Ohio | 1996

Lead Opinion

The judgment of the court of appeals is affirmed on the authority of Girgis v. State Farm Mut. Auto. Ins. Co. (1996), 75 Ohio St.3d 302, 662 N.E.2d 280, and the cause is remanded to the trial court for further proceedings not inconsistent with Girgis.

Moyer, C.J., Douglas, Resnick and Pfeifer, JJ., concur.





Dissenting Opinion

F.E. Sweeney, J.,

dissents for the reasons stated in his opinion concurring in part and dissenting in part in Girgis v. State Farm Mut. Auto. Ins. Co. (1996), 75 Ohio St.3d 302, 309-312, 662 N.E.2d 280, 285-287.

Cook, J., dissents. Stratton, J., not participating.