The judgment of the court of appeals is reversed and the cause is remanded to the trial court for further proceedings not inconsistent with Girgis v. State Farm Mut. Auto. Ins. Co. (1996), 75 Ohio St.3d 302, 662 N.E.2d 280.

dissents for the reasons stated in his opinion concurring in part and dissenting in part in Girgis v. State Farm Mut. Auto. Ins. Co. (1996), 75 Ohio St.3d 302, 309-312, 662 N.E.2d 280, 285-287.