Progressive Ins. Co. v. Stewart - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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[Cite as Progressive Ins. Co. v. Stewart, 91 Ohio St.3d 1266, 2001-Ohio-89.]

PROGRESSIVE INSURANCE COMPANY, APPELLANT, v. STEWART, APPELLEE;
CINCINNATI INSURANCE COMPANIES, APPELLANT.
[Cite as Progressive Ins. Co. v. Stewart (2001), 91 Ohio St.3d 1266.]
Motion for summary reversal on authority of Csulik v. Nationwide Mut. Ins. Co.
denied -- Appeal dismissed as improvidently allowed.
(No. 99-1287 -- Submitted March 27, 2001 -- Decided May 23, 2001.)
APPEAL from the Court of Appeals for Lucas County, No. L-98-1250.
ON MOTION FOR SUMMARY REVERSAL.
__________________

The motion for summary reversal on the authority of Csulik v. Nationwide
Mut. Ins. Co. (2000), 88 Ohio St.3d 17, 723 N.E.2d 90, is denied.

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

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur.

LUNDBERG STRATTON, J., dissents.

COOK, J., not participating.
__________________

LUNDBERG STRATTON, J., dissenting. I would reverse the judgment of
the court of appeals and reinstate the judgment of the trial court.
__________________

Jones & Bahret Co., L.P.A., and Keith J. Watkins, for appellant
Progressive Insurance Company.

Walter J. Skotynsky, for appellee.

Stephen C. Roach, for appellant Cincinnati Insurance Companies.
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