STERLING v. NATIONWIDE INS. CO., 70 Ohio St.3d 493 (1994)

693 N.E.2d 448

STERLING ET AL., APPELLEES, v. NATIONWIDE INSURANCE COMPANY, APPELLANT.

No. 93-2010Supreme Court of Ohio.Submitted August 31, 1994 —
Decided October 5, 1994.

CERTIFIED by the Court of Appeals for Stark County, No. CA-9214.

Todd O. Rosenberg and Arthur M. Elk, for appellees.

Paul R. Garlock, for appellant.

The judgment of the court of appeals is affirmed on the authority of Martin v. Midwestern Group Ins. Co. (1994), 70 Ohio St.3d 478, 639 N.E.2d 438, decided today.

A.W. SWEENEY, DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.

MOYER, C.J., concurs separately.

WRIGHT, J., dissents for the reasons stated in the dissenting opinions in Martin v. Midwestern Group Ins. Co. (1994), 70 Ohio St.3d 478, 485-486, 639 N.E.2d 438, 443.

MOYER, C.J., concurring separately.

I concur separately in the judgment entry in the above-styled case. As my dissent in Martin v. Midwestern Group Ins. Co.
(1994), 70 Ohio St.3d 478, 485, 639 N.E.2d 438, 443, stated, I do not agree with the law announced in the majority decision. Nevertheless, it is the law on the issue in the above-styled case. As I believe all parties should receive equal application of the law announced by this court, and only for that reason, I concur in the judgment entry.

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