[This decision has been published in Ohio Official Records at 94 Ohio St.3d 1204.]

ROLLIN, APPELLANT, v. NATIONWIDE MUTUAL INSURANCE COMPANY, APPELLEE. [Cite as Rollin v. Nationwide Mut. Ins. Co., 2002-Ohio-69.]

Appeal dismissed as improvidently allowed. (No. 00-1978—Submitted November 14, 2001—Decided January 9, 2002.)

APPEAL from the Court of Appeals for Lorain County, No. 99CA007313. __________________ {¶ 1} The cause is dismissed, sua sponte, as having been improvidently allowed.

MOYER, C.J., RESNICK, PFEIFER and LUNDBERG STRATTON, JJ., concur.

DOUGLAS, J., dissents.

F.E. SWEENEY, J., dissents and would reverse the judgment of the court of appeals.

COOK, J., dissents. __________________ COOK, J., dissenting. {¶ 2} I respectfully dissent. Instead of dismissing this case as improvidently allowed, I would affirm the judgment of the court of appeals. __________________ Hoffman Legal Group, L.L.C., W. Andrew Hoffman III and Douglas S.

Hunter, for appellant.

Weston, Hurd, Fallon, Paisley & Howley, L.L.P., Gregory E. O’Brien and Daniel A. Richards, for appellee. __________________