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ALLEN v. JOHNSON

Nos. 2002-1126 and 2002-1433.

100 Ohio St.3d 276 (2003)

2003-Ohio-5889

ALLEN ET AL., APPELLANTS AND CROSS-APPELLEES, v. JOHNSON ET AL., APPELLEES; INDIANA INSURANCE COMPANY ET AL., APPELLEES AND CROSS-APPELLANTS.

Supreme Court of Ohio.

Decided November 5, 2003.

Attorney(s) appearing for the Case

Grisi & Riegler and Charles E. Grisi, for appellants and cross-appellees.

Weston, Hurd, Fallon, Paisley & Howley, L.L.P., Daniel A. Richards, John G. Farnan and Edward T. Sylvester, for appellees and cross-appellants Indiana Insurance Co. and Consolidated Insurance Co.

Gallagher, Sharp, Fulton & Norman, D. John Travis and Timothy J. Fitzgerald, for appellee and cross-appellant Federal Insurance Co.

Janik & Dorman L.L.P., Steven G. Janik and Matthew J. Grimm, for appellee National Union Fire Insurance Co.

T.J. Snyder; Allen Schulman & Associates Co., L.P.A., Allen Schulman and Christopher Van Blargan, for amicus curiae Ohio Academy of Trial Lawyers.

{¶ 1} The judgment of the court of appeals is affirmed as to National Union Insurance Company and Federal Insurance Company on the authority of Westfield Ins. Co. v. Galatis, 100 Ohio St.3d 216, 2003-Ohio-5849, 797 N.E.2d 1256.

{¶ 2} The judgment of the court of appeals is reversed, and the judgment of the trial court in favor of Consolidated Insurance Company and Indiana Insurance Company is reinstated...

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