LANCE v. AETNA CAS. SUR. CO

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Docket Number

No. 94-998

Attorney(S)

Elk Elk Co., L.P.A., Todd O. Rosenberg and David J. Elk, for appellants. Rhoa, Follen Rawlin Co., L.P.A., Ronald V. Rawlin and James H. Crawford, for appellee.

Judges

MOYER, C.J., concurring separately.
WRIGHT, J., dissents

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LANCE ET AL., APPELLANTS, v. AETNA CASUALTY AND SURETY COMPANY, APPELLEE.

The judgment of the court of appeals is reversed on the authority of Martin v. Midwestern Group Ins. Co. (1994), 70 Ohio St.3d 478, 639 N.E.2d 438, decided today.

A.W. SWEENEY, DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.

MOYER, C.J., concurs separately.

MOYER, C.J., concurring separately.

I concur separately in the judgment entry in the above-styled case. As my dissent in Martin v. Midwestern Group Ins. Co. (1994), 70 Ohio St.3d 478, 485, 639 N.E.2d 438, 443, stated, I do not agree with the law announced in the majority decision. Nevertheless, it is the law on the issue in the above-styled case. As I believe all parties should receive equal application of the law announced by this court, and only for that reason, I concur in the judgment entry.

WRIGHT, J., dissents

for the reasons stated in the dissenting opinions in Martin v. Midwestern Group Ins. Co. (1994), 70 Ohio St.3d 478, 485-486, 639 N.E.2d 438, 443.

LANCE ET AL., APPELLANTS, v. AETNA CASUALTY AND SURETY COMPANY, APPELLEE.

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