Progressive Ins. Co. v. Stewart

[This decision has been published in Ohio Official Reports at 91 Ohio St.3d 1266.]

PROGRESSIVE INSURANCE COMPANY, APPELLANT, v. STEWART, APPELLEE; CINCINNATI INSURANCE COMPANIES, APPELLANT. [Cite as Progressive Ins. Co. v. Stewart, 2001-Ohio-89.] Motion for summary reversal on authority of Csulik v. Nationwide Mut. Ins. Co. denied—Appeal dismissed as improvidently allowed. (No. 99-1287—Submitted March 27, 2001—Decided May 23, 2001.)

APPEAL from the Court of Appeals for Lucas County, No. L-98-1250. ON MOTION FOR SUMMARY REVERSAL. __________________ {¶ 1} The motion for summary reversal on the authority of Csulik v. Nationwide Mut. Ins. Co. (2000), 88 Ohio St.3d 17, 723 N.E.2d 90, is denied. {¶ 2} The cause is dismissed, sua sponte, as having been improvidently allowed.

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

COOK, J., not participating. __________________

LUNDBERG STRATTON, J., dissenting. {¶ 3} I would reverse the judgment of the court of appeals and reinstate the judgment of the trial court. __________________

Jones & Bahret Co., L.P.A., and Keith J. Watkins, for appellant Progressive Insurance Company.

Walter J. Skotynsky, for appellee.

Stephen C. Roach, for appellant Cincinnati Insurance Companies. __________________