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NEWMAN v. UNITED OHIO INS. CO.

No. 92-1875.

68 Ohio St.3d 170 (1994)

NEWMAN ET AL., APPELLANTS, v. UNITED OHIO INSURANCE COMPANY, APPELLEE.

Supreme Court of Ohio.

Decided January 19, 1994.

Attorney(s) appearing for the Case

David Reid Dillon, for appellants.

Mark P. Seitzinger, for appellee.

Nurenberg, Plevin, Heller & McCarthy Co., L.P.A., and Andrew Krembs; and Robert P. Rutter, urging reversal for amicus curiae, Ohio Academy of Trial Lawyers.

Hamilton, Kramer, Myers & Cheek and James R. Gallagher, urging affirmance for amicus curiae, Ohio Association of Civil Trial Attorneys.

The cause is reversed and remanded on authority of Savoie v. Grange Mut. Ins. Co. (1993), 67 Ohio St.3d 500, 620 N.E.2d 809. The trial court is instructed to apply the Savoie test to the facts of the case.

A.W. SWEENEY, DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.

MOYER, C.J., concurs separately.

WRIGHT, J., dissents.

MOYER...

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