Marcella v. Nationwide Mutual Insurance

Ohio Supreme Court September 25, 1996

Marcella v. Nationwide Mutual Insurance, 76 Ohio St. 3d 563 (Ohio 1996)

669 N.E.2d 823; 1996 Ohio LEXIS 1265

Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

Opinion of the Court

The discretionary appeal in case No. 96-782 is allowed.

The judgment of the court of appeals on the appeal is affirmed on the authority of Cole v. Holland (1996), 76 Ohio St.3d 220, 667 N.E.2d 353, and the cause is remanded to the trial court for further proceedings consistent with Cole.

The discretionary cross-appeal in case No. 96-782 is allowed.

The judgment of the court of appeals on the cross-appeal is reversed on the authority of Schaefer v. Allstate Ins. Co. (1996), 76 Ohio St.3d 553, 668 N.E.2d 913.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur. Cook, J., dissents. Stratton, J., not participating.

Reference

Full Case Name: Marcella, and v. Nationwide Mutual Insurance Company, and Cross-Appellee
Status: Published