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GEREN v. WESTFIELD INS. CO.

No. 2002-0610.

100 Ohio St.3d 322 (2003)

2003-Ohio-6421

GEREN, APPELLANT, v. WESTFIELD INSURANCE COMPANY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 17, 2003.

Attorney(s) appearing for the Case

Cubbon & Associates Co., L.P.A., and James E. Yavorcik, for appellant.

Ritter, Robinson, McCready & James, Timothy C. James and Wendy C. Johnson, for appellee Westfield Insurance Company.

Davis & Young, Henry A. Hentemann and J. Michael Creagan, for appellee Travelers Indemnity Company of Illinois.

Boyk & Crossmock, L.L.C., and Steven L. Crossmock, urging reversal and remand for amicus curiae Ohio Academy of Trial Lawyers.

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

MOYER, C.J., FORD, SUNDERMANN, LUNDBERG STRATTON and O'CONNOR, JJ., concur.

F.E. SWEENEY and PFEIFER, JJ., dissent.

DONALD R. FORD, J., of the Eleventh Appellate District, sitting for RESNICK, J.

J. HOWARD SUNDERMANN JR., J., of...

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