AM. STATES INS. CO. v. RUBIN, 72 Ohio St.3d 1207 (1995)

647 N.E.2d 1384

AMERICAN STATES INSURANCE COMPANY, APPELLEE AND CROSS-APPELLANT, v. RUBIN ET AL., APPELLANTS AND CROSS-APPELLEES; UNITED STATES FIDELITY GUARANTY COMPANY, APPELLEE AND CROSS-APPELLANT; BUCKEYE UNION INSURANCE COMPANY, APPELLEE.

No. 94-55Supreme Court of Ohio.Submitted March 21, 1995 —
Decided May 3, 1995.

Page 1208

APPEAL and CROSS-APPEAL from the Court of Appeals for Hamilton County, Nos. C-920511, C-920512, C-920513 and C-920521.

McIntosh, McIntosh Knabe and Bruce B. McIntosh, for appellee and cross-appellant American States Insurance Company.

Waite, Schneider, Bayless Chesley Co., L.P.A., D. Arthur Rabourn and Theresa L. Groh, for appellants and cross-appellees Mrs. Howard Rubin and the Estate of Howard Rubin.

McCaslin, Imbus McCaslin, Thomas J. Gruber and Laura J. Murphy, for appellee and cross-appellant United States Fidelity
Guaranty Company.

Rendigs, Fry, Kiely Dennis and Kenneth B. Flacks, for appellee Buckeye Union Insurance Company.

The appeal and cross-appeal are dismissed, sua sponte, as having been improvidently allowed.

MOYER, C.J., WRIGHT, RESNICK and F.E. SWEENEY, JJ., concur.

DOUGLAS, J., dissents.

PFEIFER, J., dissents and would reverse the judgment of the court of appeals on authority of his concurring opinion i Hillman v. Hastings Mut. Ins. Co. (1994), 68 Ohio St.3d 238, 239, 626 N.E.2d 73, 73-74.

COOK, J., dissents and would affirm the judgment of the court of appeals.