[This opinion has been published in Ohio Official Reports at 75 Ohio St.3d 1211.]

MOTORISTS MUTUAL INSURANCE COMPANY, APPELLEE AND CROSS- APPELLANT, v. NUSSBAUM ET AL., APPELLANTS AND CROSS-APPELLEES. [Cite as Motorists Mut. Ins. Co. v. Nussbaum, 1996-Ohio-202.]

Appeal dismissed as improvidently allowed. (No. 95-109—Submitted at the New Philadelphia Session April 17, 1996— Decided May 29, 1996.)

APPEAL and CROSS-APPEAL from the Court of Appeals for Stark County, No. 1994-CA-00104. __________________ Day, Ketterer, Raley, Wright & Rybolt and Merle D. Evans III, for appellee and cross-appellant.

Scanlon & Gearinger Co., L.P.A., and Maura E. Scanlon, for appellants and cross-appellees. __________________ {¶ 1} The appeal and cross-appeal are dismissed, sua sponte, as having been improvidently allowed.

DOUGLAS, RESNICK, F.E. SWEENEY and STRATTON, JJ., concur.

MOYER, C.J., PFEIFER and COOK, JJ., dissent and would affirm the judgment of the court of appeals. __________________