The discretionary appeal is allowed.
The judgment of the court of appeals is reversed on the authority of Cuervo v. Cincinnati Ins. Co. (1996), 76 Ohio St.3d 41, 665 N.E.2d 1121.
MOYER, C.J., RESNICK, PFEIFER, COOK and STRATTON, JJ., concur.
DOUGLAS, J., dissents.
F.E. SWEENEY, J., dissents and would affirm the judgment of the court of appeals.