McPHILLIPS v. TRAVELERS INDEMNITY COMPANY

Nos. 91286, 91561

2009 Ohio 1262

Thomas Mcphillips, et al., Plaintiffs-Appellants, v. Travelers Indemnity Company, Defendant-Appellee.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

JOURNALIZED: March 19, 2009.


Attorney(s) appearing for the Case

James R. Goodluck, 3517 St. Albans Road, Cleveland Heights, Ohio 44121, Paul W. Flowers, Paul W. Flowers Co., LPA, Terminal Tower, 35th Floor, 50 Public Square, Cleveland, Ohio 44113, Matthew McCue, 179 Union Avenue, Framingham, Massachusetts 01702, Amicus Curiae, Attorneys for Appellants.

Harold H. (Kip) Reader, Ulmer & Berne, Skylight Office Tower, 1660 West 2nd Street, Suite 1100, Cleveland, Ohio 44113-1448, Laura A. Brady, William T. Corbett, Jr., Frederick P. Marczyk, Drinker Biddle & Reath LLP, One Logan Square, 18th & Cherry Streets, Philadelphia, Pennsylvania 19103-6996, Attorneys for Appellee.

Before: Gallagher, J., Cooney, A.J., and Boyle, J.


JOURNAL ENTRY AND OPINION

ON RECONSIDERATION1

SEAN C. GALLAGHER, J.

{¶ 1} In this consolidated appeal, appellants, Thomas McPhillips, et al.,2 appeal (1) the judgment of the Cuyahoga County Court of Common Pleas that granted appellee, Travelers Indemnity Company's3 ("Travelers") motion for summary judgment and denied appellants' motion for summary...

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