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CINCINNATI INS. CO. v. ESTATE OF McCLAIN

No. 2002-0641.

98 Ohio St.3d 492 (2003)

2003-Ohio-2147

CINCINNATI INSURANCE COMPANY, APPELLEE, v. ESTATE OF McCLAIN, APPELLANT.

Supreme Court of Ohio.

Decided May 7, 2003.

Attorney(s) appearing for the Case

Freund, Freeze & Arnold, Stephen C. Findley, Shaun A. Roberts and Richard C. Brooks Jr., for appellee.

Maney & Brookes and Mark C. Brookes, for appellant.

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

{¶ 1} On motion for summary reversal. Appellant's motion for summary reversal is granted. This cause is remanded to the trial court to consider whether the insurer was prejudiced under Ferrando v. Auto-Owners Mut. Ins. Co., 98 Ohio St.3d 186, 2002-Ohio-7217, 781 N.E.2d 927.

MOYER, C.J., RESNICK, F.E. SWEENEY, PFEIFER and O'CONNOR, JJ., concur.

LUNDBERG STRATTON, J., dissents.

COOK, J., not participating...

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