781 N.E.2d 218

Peebles, Exr., Appellant, v. Owners Insurance Company, Appellee.

No. 2002-0788.Supreme Court of Ohio.Submitted December 4, 2002.
Decided December 23, 2002.

Appeal from the Court of Appeals for Fulton County, No. F-01-022 2002-Ohio-1518.

{¶ 1} Although this cause was accepted for review and held for the decision in Lemm v. The Hartford, submitted with Hillyer v. State Farm Fire Cas. Co., 97 Ohio St.3d 411, 2002-Ohio-6662, 780 N.E.2d 262 Lemm does not apply. This cause is therefore dismissed as having been improvidently allowed.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.

Page 1203

Boss Vitou Co., L.P.A., and Mark F. Vitou, for appellant.

Jones Bahret Co., L.P.A., and Robert J. Bahret, for appellee.

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