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NATIONWIDE MUT. INS. CO. v. JONES

No. 93-1666.

70 Ohio St.3d 491 (1994)

NATIONWIDE MUTUAL INSURANCE COMPANY, APPELLEE, v. JONES ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided October 5, 1994.

Attorney(s) appearing for the Case

Weston, Hurd, Fallon, Paisley & Howley, Timothy D. Johnson and Gregory E. O'Brien, for appellee.

Donald E. Caravona & Associates and Mark J. Obral, for appellants.

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

The judgment of the court of appeal is reversed and the cause is remanded to the trial court to apply 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...

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