MIDWESTERN INDEMN. CO. v. RELIANCE INS. CO

Appeal dismissed as improvidently allowed.

The appeal is dismissed, sua sponte, as having been improvidently allowed.

SWEENEY, HOLMES, DOUGLAS, WRIGHT, H. BROWN and RESNICK, JJ., concur.

MOYER, C.J., dissents.

MOYER, C.J., dissenting.

I would affirm the judgment of the court of appeals.