Ohio Supreme Court, 1987

Insurance Co. of North America v. Mayfield

Insurance Co. of North America v. Mayfield
Ohio Supreme Court · Decided July 1, 1987 · Brown, Douglas, Holmes, Locher, Moyer, Sweeney, Wright
31 Ohio St. 3d 160; 509 N.E.2d 944; 31 Ohio B. 324; 1987 Ohio LEXIS 309

Insurance Co. of North America v. Mayfield

Opinion of the Court

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.

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

Dissenting Opinion

Locher, J.,

dissenting. I respectfully dissent for the reasons expressed in my dissent in Holben v. Interstate Motor Freight System (1987), 31 Ohio St. 3d 152, 31 OBR 318, 509 N.E. 2d 938.

Douglas, J., concurs in the foregoing dissenting opinion.

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