MOTION AND PROCEDURAL RULINGS
Appeal from: Certified Question of State Law, United States District Court, Northern District of Ohio, Eastern Division, Case No. 1:11CV2253. On review of preliminary memoranda pursuant to S.Ct.Prac.R. 9.05. The court will answer the following question:
“May an insured who has accrued indemnity and defense costs arising from progressive injuries, and who settles resultant claims against primary insurer(s) on a pro rata allocation basis among various primary insurance policies, employ an ‘all sums' method to aggregate unreimbursed losses and thereby reach the attachment point(s) of one or more excess insurance policies?”
Petitioners shall file their merit brief within 40 days of the date of this entry and the parties shall otherwise proceed in accordance with S.Ct.Prac.R. 16.02 through 16.04 and S.Ct.Prac.R. 9.07.
O'Donnell and Kennedy, JJ., dissent.