The discretionary appeal is not allowed, but the discretionary cross-appeal is allowed. The judgment of the court of appeals is reversed, and the cause is remanded to the trial court for further proceedings on the authority of Zoppo v. Homestead Ins. Co. (1994), 71 Ohio St.3d 552, 644 N.E.2d 397.
MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and COOK, JJ., concur.
WRIGHT, J., dissents for the reasons stated in his dissenting opinion in Zoppo v. Homestead Ins. Co. (1994), 71 Ohio St.3d 552, 559-562, 644 N.E.2d 397, 402-404.