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KENTY v. TRANSAMERICA PREMIUM INS. CO.

No. 93-2560.

72 Ohio St.3d 415 (1995)

KENTY, APPELLANT, v. TRANSAMERICA PREMIUM INSURANCE COMPANY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 5, 1995.

Attorney(s) appearing for the Case

Malakoff, Doyle & Finberg, P.C., Ellen M. Doyle and Michael P. Malakoff; Specter Law Offices, P.C. and George B. Mahfood; Rishel, Myers & Kopech and David A. Kopech, for appellant.

Morrison & Foerster and Mark P. Ladner, Buckingham, Doolittle & Burroughs and Joel H. Mirman, for appellees Transamerica Premier Insurance Company and Transamerica Premier Insurance Services, Inc.

Vorys, Sater, Seymour & Pease, David S. Cupps and Anthony J. O'Malley; Betts & Perry and Michael J. Betts, for appellees Banc One Corporation, Banc One Ohio Corporation and Banc One Wisconsin Insurance Services Corporation.

Murray & Murray, John T. Murray, Thomas J. Murray and Alicia Wolph, urging reversal for amicus curiae, Ohio Academy of Trial Lawyers.

PFEIFER, J.

A motion to dismiss can be granted only where the party opposing the motion is unable to prove any set of facts which would entitle him to the relief requested. When reviewing a complaint under this standard, the factual allegations contained in the complaint are taken as true. O'Brien v. Univ. Community Tenants Union, Inc. (1975), 42 Ohio St.2d 242, 71 O.O.2d 223, 327 N.E.2d 753; Bridges v. Natl. Eng...

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