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THORLEY v. AM. STATES PREFERRED

No. 2002-0753.

98 Ohio St.3d 493 (2003)

2003-Ohio-2148

THORLEY, APPELLANT, v. AMERICAN STATES PREFERRED ET AL.; WESTFIELD INSURANCE COMPANY, APPELLEE.

Supreme Court of Ohio.

Decided May 7, 2003.

Attorney(s) appearing for the Case

Lawrence J. Scanlon and Michael J. Elliott, for appellant.

Davis & Young, David G. Utley and Susan F. Houlihan, for appellee.

Elk & Elk Co., L.P.A., and Todd O. Rosenberg, urging reversal for amicus curiae Ohio Academy of Trial Lawyers.

{¶ 1} Sua sponte, the judgment of the court of appeals is summarily reversed pursuant to Ferrando v. Auto-Owners Mut. Ins. Co., 98 Ohio St.3d 186, 2002-Ohio-7217, 781 N.E.2d 927. This cause is remanded to the trial court to consider whether the insurer was prejudiced under Ferrando.

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

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