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LIGHTNING ROD MUT. INS. CO. v. SOUTHWORTH

No. 2016-1116.

151 Ohio St.3d 70 (2017)

2017-Ohio-7438

LIGHTNING ROD MUTUAL INSURANCE COMPANY, APPELLEE, v. SOUTHWORTH, D.B.A. BOB'S HOME SERVICE, L.L.C., ET AL.; CMH HOMES, INC., D.B.A. Luv HOMES, APPELLANT.

Supreme Court of Ohio.

Decided September 5, 2017.

Attorney(s) appearing for the Case

Weston Hurd, L.L.P., Ronald A. Rispo , and Robert E. Goff Jr. ; and David L. Jarrett , for appellee.

Brouse McDowell, L.P.A., Caroline L. Marks , Clair E. Dickinson , Amanda M. Leffler , Lucas M. Blower , and Paul A. Rose , for appellant.

Vorys, Sater, Seymour & Pease, L.L.P., Natalia Steele , and Thomas E. Szykowny , urging affirmance for amicus curiae Ohio Insurance Institute.

Bruns, Connell, Vollmar & Armstrong, L.L.C., and T. Andrew Vollmar , urging affirmance for amicus curiae Ohio Association of Civil Trial Attorneys.

O'DONNELL, J., dissents, with an opinion joined by FRENCH, J.

{¶ 1} This cause is dismissed as having been improvidently accepted.

{¶ 2} I respectfully dissent from the majority's decision to resolve this appeal by declaring that it was improvidently accepted.

{¶ 3} CMH Homes, Inc., d.b.a. Luv Homes, presented...

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