WAITE v. PROGRESSIVE INS. CO., Unpublished Decision (6-9-1999)

No. 98-1462.Supreme Court of Ohio.Submitted May 4, 1999.
Decided June 9, 1999.

Appeal from the Court of Appeals for Huron County, No. H-97-036.

Appeal dismissed as improvidently allowed.

Michael T. Murray, Steven C. Bechtel, Dennis E. Murray, Sr.
and W. Patrick Murray, for appellants.

Henry A. Hentemann and J. Michael Creagan, for appellee.

Elk Elk Co., L.P.A., and Todd O. Rosenberg, urging that R.C. 3937.18(H) be found unconstitutional, for amicus curiae, Ohio Academy of Trial Lawyers.

Mark W. Ruf and Jean M. McQuillan, urging that R.C. 3937.18 be found unconstitutional, for amicus curiae, Cleveland Academy of Trial Lawyers.

Betty D. Montgomery, Attorney General, Judith L. French an Kimberly L. Charles, Assistant Attorneys General, urging that R.C. 3937.18(H) be found constitutional, for amicus curiae, Ohio Attorney General.

Vorys, Sater, Seymour Pease, L.L.P., and John J. Kulewicz, urging that R.C. 3937.18(H) be found constitutional, for amicus curiae, Ohio Insurance Institute.

The appeal is dismissed, sua sponte, as having been improvidently allowed.

Moyer, C.J., Douglas, Resnick, Pfeifer and Lundberg Stratton, JJ., concur.

F.E. Sweeney, J., dissents and would reverse the judgment of the court of appeals.

Cook, J., dissents and would affirm the judgment of the court of appeals.