MOTION AND PROCEDURAL RULINGS
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issues stated at page 5 of the court of appeals' Judgment Entry filed January 23, 2006:
"Whether an insurer may maintain a declaratory judgment action pursuant to R.C. 2721.01 et seq. to determine the rights of patties to an automobile accident under the terms and conditions of the contract for insurance even though the injured party is currently barred from seeking coverage because the authority supporting the insured party's claim for coverage was superseded by new authority.
"Whether a trial court's order dismissing a declaratory judgment complaint is an order reviewed under an abuse of discretion standard or a de novo review."
RESNICK, PFEIFER and O'DONNELL, JJ., dissent.
Sua sponte, cause consolidated with 2005-2399, Mid-Am. Fire Cas. Co. v. Heasley, Lake App. No. 2004-L-115, 2005-Ohio-6072.
The conflict case is Indiana Ins. Co. v. Forsmark, Lorain App. No. 04CA008520, 160 Ohio App.3d 277, 2005-Ohio-1635.