BOWSER v. NATIONWIDE INS. CO., 77 Ohio St.3d 372 (1997)

674 N.E.2d 347

BOWSER ET AL., APPELLEES AND CROSS-APPELLANTS, v. NATIONWIDE INSURANCE COMPANY, APPELLANT AND CROSS-APPELLEE.

No. 96-1424Supreme Court of Ohio.Submitted December 11, 1996 —
Decided January 29, 1997.

APPEAL and CROSS-APPEAL from the Court of Appeals for Montgomery County, No. CA-15251.

Froelich Weprin, L.P.A., and Gary L. Froelich, for appellees and cross-appellants.

Jenks, Surdyk Cowdrey Co., L.P.A., and Edward Dowd, for appellant and cross-appellee.

The discretionary appeal is denied.

The discretionary cross-appeal is allowed.

The judgment of the court of appeals on cross-appeal is reversed, and the cause is remanded to the trial court for further proceedings on the authority of Schaefer v. Allstate Ins. Co. (1996), 76 Ohio St.3d 553, 668 N.E.2d 913.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur.

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