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McCOY v. W. RES. MUT. LIGHTNING ROD MUT. INS. CO.

No. 93-1882.

70 Ohio St.3d 488 (1994)

MCCOY, APPELLEE, v. WESTERN RESERVE MUTUAL LIGHTNING ROD MUTUAL INSURANCE COMPANY, APPELLANT.

Supreme Court of Ohio.

Decided October 5, 1994.

Attorney(s) appearing for the Case

Dyer, Garofalo, Mann & Schultz, Ronald E. Schultz and Kimberly K. Harshbarger, for appellee.

Pickrel, Schaeffer & Ebeling, Andrew C. Storar and L. Michael Bly, for appellant.

Scanlon & Henretta Co., L.P.A., J. Thomas Henretta and Ann Marie O'Brien, urging affirmance for amicus curiae, Ohio Academy of Trial Lawyers.

Mark J. Huller and Lisa A. Love, urging reversal for amicus curiae, Cincinnati Insurance Company.

Olds, Lynett & Bradshaw Co., L.P.A. and John J. Lynett, urging reversal for amicus curiae, Ohio Insurance Institute.

The judgment of the court of appeals is affirmed on the authority of Martin v. Midwestern Group Ins. Co. (1994), 70 Ohio St.3d 478, 639 N.E.2d 438, decided today.

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

MOYER, C.J., concurs separately.

WRIGHT, J., dissents for the reasons stated in the dissenting opinions in Martin v. Midwestern Group Ins. Co. (1994),

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