699 N.E.2d 947

Cincinnati Indemn. Co. v. Martin.

98-1492.Supreme Court of Ohio.
September 23, 1998.

Butler App. No. CA97-12-248. On review of order certifying a conflict. The court determines that a conflict exists; the parties are to brief the issue stated at pages 1-2 of the court of appeals’ Entry Granting Motion to Certify dated July 14, 1998:

“The issue for certification is whether an insurer has a duty to indemnify and/or defend a homeowner/policyholder against a wrongful death claim by a non-household member wrongful death beneficiary who is not an `insured’ under the policy when the death involved is that of an `insured’ under the policy.”

The conflict case is Allstate Ins. Co. v. Thompson (Aug. 26, 1990), Stark App. No. CA-8112, unreported, 1990 WL 125481.

Sua sponte, cause consolidated with 98-1384, infra.

LUNDBERG STRATTON, J., dissents to the acceptance of this cause.

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