Ohio Supreme Court, 2003

Franklin v. Am. Mfrs. Mut. Ins. Co.

Ohio Supreme Court · Decided September 10, 2003 · Allow, Connor, Donnell, Galatis, Hold, Holding, III, Law, Moyer, Nos, Pfeifer, Proposition, Propositions, Resnick, Stratton, Sweeney, Tucker

99 Ohio St. 3d 1541; 795 N.E.2d 681

Opinion of the Court

Cuyahoga App. No. 81197, 2003-0hio-1340. Discretionary appeal allowed on Propositions of Law Nos. I, III, and IV.

Concurring Opinion

Moyer, C.J., and O’Connor, J.,

concur but would allow Propositions of Law No. I and II and hold for the decision in 2002-1245 and 2002-1271, Estate of Houser v. Motorists Ins. Co., Auglaize App. No. 2-02-02, 2002-Ohio-2845; would allow Proposition of Law No. Ill and hold for the decision in 2002-0932, Westfield Ins. Co. v. Galatis, Summit App. No. 20784, 2002-0hio-1502; and would allow Proposition of Law No. IV and hold for the decision in 2002-1956, Tucker v. Wilson, Clermont App. No. CA2002-01-002, 2002-0hio-5142.

Lundberg Stratton, J., concurs but would allow all propositions of law without holding. O’Donnell, J., concurs but would allow Propositions of Law Nos. I and III and hold for the decision in Galatis; and would allow Proposition of Law No. IV and hold for the decision in Tucker. Resnick, F.E. Sweeney and Pfeifer, JJ., dissent.

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