[This decision has been published in Ohio Official Reports at 91 Ohio St.3d 1262.]

MICHAEL, SUCCESSOR ADMR., APPELLANT, v. RELIANCE NATIONAL INSURANCE COMPANY, APPELLEE. [Cite as Michael v. Reliance Natl. Ins. Co., 2001-Ohio-78.]

Appeal dismissed as improvidently allowed. (No. 00-1323—Submitted March 28, 2001—Decided May 16, 2001.)

APPEAL from the Court of Appeals for Franklin County, No. 99AP-1002. __________________ {¶ 1} The cause is dismissed, sua sponte, as having been improvidently allowed.

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

MOYER, C.J., and COOK, J., dissent. __________________ COOK, J., dissenting. {¶ 2} Because I would affirm the judgment of the court of appeals, I respectfully dissent.

MOYER, C.J., concurs in the foregoing dissenting opinion. __________________ Lamkin, Van Eman, Trimble, Beals & Rourke and Michael J. Rourke, for appellant.

Wiles, Boyle, Burkholder & Bringardner Co., L.P.A., Jay B. Eggspuehler and Samuel M. Pipino, for appellee.

Elk & Elk Co., L.P.A., and Todd O. Rosenberg, urging reversal for amicus curiae Ohio Academy of Trial Lawyers. __________________