SHEAFFER v. WESTFIELD INS. CO

APPEALS ACCEPTED FOR REVIEW

Discretionary appeal accepted and cause consolidated with 2005-0457, Sheaffer v. Westfield Ins. Co., Holmes App. No. 03CA006, 2004-Ohio-6755.

LUNDBERG STRATTON and O'DONNELL, JJ., would also reverse the judgment of the court of appeals on the authority of Hopkins v. Dyer, 104 Ohio St.3d 461, 2004-Ohio-6769, 820 N.E.2d 329.

RESNICK, PFEIFER and LANZINGER, JJ., dissent.