MIDWESTERN INDEMN. CO. v. RELIANCE INS. CO., 43 Ohio St.3d 610 (1989)

539 N.E.2d 628

MIDWESTERN INDEMNITY COMPANY, APPELLANT, v. RELIANCE INSURANCE COMPANY, APPELLEE, ET AL.

No. 88-830Supreme Court of Ohio.Submitted April 25, 1989 —
Decided June 14, 1989.

Appeal dismissed as improvidently allowed.

APPEAL from the Court of Appeals for Darke County, No. 1200.

Freund, Freeze Arnold and Stephen V. Freeze, for appellant.

Bieser, Greer Landis and Gregory P. Dunsky, for appellee.

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.