Insurance Co. of North America v. Mayfield

Ohio Supreme Court July 1, 1987

Insurance Co. of North America v. Mayfield, 31 Ohio St. 3d 160 (Ohio 1987)

509 N.E.2d 944; 31 Ohio B. 324; 1987 Ohio LEXIS 309

Brown, Douglas, Holmes, Locher, Moyer, Sweeney, Wright

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.

Reference

Full Case Name: Insurance Company of North America v. Mayfield, Admr.
Status: Published