[This opinion has been published in Ohio Official Reports at 88 Ohio St.3d 1241.]

KIRBY, ADMR., APPELLANT, v. PIONEER INSURANCE COMPANY ET AL., APPELLEES. [Cite as Kirby v. Pioneer Ins. Co., 2000-Ohio-400.]

Appeal dismissed as improvidently allowed. (No. 99-875—Submitted April 10, 2000—Decided May 24, 2000.)

APPEAL from the Court of Appeals for Warren County, No. CA98-09-120. __________________ Eddie Lawson and Thomas B. Kirby, for appellant.

Smith, Rolfes & Skavdahl Co., L.P.A., Matthew J. Smith and Patricia J.

Trombetta, for appellees. __________________ {¶ 1} The cause is dismissed, sua sponte, as having been improvidently allowed.

MOYER, C.J., RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.

DOUGLAS, J., dissents. __________________