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SABO v. MICO INS. CO.

No. 93-1474.

70 Ohio St.3d 492 (1994)

SABO, APPELLANT, v. MICO INSURANCE COMPANY, APPELLEE.

Supreme Court of Ohio.

Decided October 5, 1994.

Attorney(s) appearing for the Case

Scanlon & Henretta Co., L.P.A., Lawrence J. Scanlon and Ann Marie O'Brien; Colopy & Casalinuovo and Daniel M. Colopy, for appellant.

Roderick, Myers & Linton and Kurt R. Weitendorf, for appellee.

Dyer, Garofalo, Mann & Schultz, Ronald E. Schultz and Kimberly K. Harshbarger, urging reversal for amicus curiae, Ohio Academy of Trial Lawyers.

The judgment of the court of appeals 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 reason stated in the dissenting opinions in Martin v. Midwestern Group...

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