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PONSER v. ST. PAUL FIRE & MARINE INS. CO.

Nos. 2003-1730 and 2003-2125.

101 Ohio St.3d 214 (2004)

2004-Ohio-714

PONSER, ADMR., ET AL., APPELLEES, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY ET AL., APPELLANTS. (TWO CASES.)

Supreme Court of Ohio.

Decided March 3, 2004.

Attorney(s) appearing for the Case

Morrow, Gordon & Byrd, Ltd., and Adam K. Vernau, for appellees.

Rendigs, Fry, Kiely & Dennis, L.L.P., Kenneth B. Flacks and Ralph F. Mitchell, for appellant St. Paul Fire & Marine Insurance Company.

Gary L. Grubler, for appellant Nationwide Insurance Company.

Keener, Doucher, Curley & Patterson, L.P.A., W. Charles Curley and Jenifer J. Murphy, for appellant Motorists Mutual Insurance Company.

Ulmer & Berne, L.L.P., and David L. Lester, for appellant Fireman's Fund Insurance Company.

{¶ 1} Case Nos. 2003-1730 and 2003-2125 are consolidated.

Case No. 2003-1730

{¶ 2} The discretionary appeal is accepted.

{¶ 3} The judgment against St. Paul Fire & Marine Insurance Company is reversed, sua sponte, on the authority of Westfield Ins. Co. v. Galatis, 100 Ohio St.3d 216, 2003-Ohio-5849, 797 N.E.2d 1256. The remaining insurance companies, Motorists Mutual Insurance...

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