The judgment of the court of appeals is reversed, and the cause is remanded to the trial court to apply Motorists Mut. Ins. Co. v. Brandenburg (1995), 72 Ohio St.3d 157, 648 N.E.2d 488.

concurring in part and dissenting in part. I concur that Motorists Mut. Ins. Co. v. Brandenburg (1995), 72 Ohio St.3d 157, 648 N.E.2d 488, controls this case. I dissent from the majority’s decision to remand — we should have found that attorney fees are inappropriate and ended the matter in this court.

dissenting. For the reasons stated in Justice Cook’s dissenting opinion in Motorists Mut. Ins. Co. v. Brandenburg (1995), 72 Ohio St.3d 157, 648 N.E.2d 488, which I joined, I respectfully dissent.