[This opinion has been published in Ohio Official Reports at 77 Ohio St.3d 1218.]

NEW HAMPSHIRE INSURANCE GROUP, APPELLEE, v. FROST ET AL., APPELLEES; STUMP, APPELLANT. [Cite as New Hampshire Ins. Group v. Frost, 1996-Ohio-328.]

Appeal dismissed as improvidently allowed. (No. 95-1653—Submitted October 9, 1996—Decided December 11, 1996.)

APPEAL from the Court of Appeals for Cuyahoga County, No. 67823. __________________ Quandt, Giffels & Buck Co., L.P.A., Walter R. Matchinga and Edward J.

Stoll, Jr., for appellee New Hampshire Insurance Group.

McIntyre, Kahn & Kruse Co., L.P.A., Patrick J. Gallagher and Mark F.

Kruse, for appellant. __________________ {¶ 1} The appeal is dismissed, sua sponte, as having been improvidently allowed.

MOYER, C.J., DOUGLAS, F.E. SWEENEY, PFEIFER and STRATTON, JJ., concur.

RESNICK and COOK, JJ., separately dissent. __________________ ALICE ROBIE RESNICK, J., dissenting. {¶ 2} I would reverse the judgment of the court of appeals.

COOK, J., dissenting. I would affirm the judgment of the court of appeals. __________________