Giles v. Simonds - Ohio Supreme Court Opinion - Ohio Supreme Court Decision

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[Cite as Giles v. Simonds, 101 Ohio St.3d 1246, 2004-Ohio-1620.]

GILES, APPELLEE, v. SIMONDS; CINCINNATI INSURANCE COMPANIES,
APPELLANT.
[Cite as Giles v. Simonds, 101 Ohio St.3d 1246, 2004-Ohio-1620.]
Motion for reconsideration denied.
(No. 2003-0796 -- Submitted March 15, 2004 -- Decided April 14, 2004.)
APPEAL from the Court of Appeals for Columbiana County, No. 02-CO-18, 2003-
Ohio-1428.
ON MOTION FOR RECONSIDERATION.
__________________
{¶1} The motion for reconsideration of the entry of January 21, 2004,
found at 101 Ohio St.3d 1420, 2004-Ohio-123, 802 N.E.2d 152, is denied.

MOYER, C.J., RESNICK, F.E. SWEENEY, PFEIFER, LUNDBERG STRATTON,
O'CONNOR and O'DONNELL, JJ., concur.

LUNDBERG STRATTON, J., concurs separately.
__________________

LUNDBERG STRATTON, J., concurring.
{¶2} I concur with the decision to deny reconsideration. However, as I
stated in my concurring opinion in Fish v. Ohio Cas. Ins. Co., 101 Ohio St.3d
1210, 2004-Ohio-224, 802 N.E.2d 149, I believe that Westfield Ins. Co. v. Galatis,
100 Ohio St.3d 216, 2003-Ohio-5849, 797 N.E.2d 1256, applies to all pending
cases where a claim has been raised under Scott-Pontzer v. Liberty Mut. Fire Ins.
Co. (1999), 85 Ohio St.3d 660, 710 N.E.2d 1116. Here, the appellate court has
remanded the case to the trial court for further proceedings. The proceedings on
remand should include application of Galatis.
__________________

SUPREME COURT OF OHIO

Leonard Z. Alpert, P.C., and Leonard Z. Alpert; Aronson, Fineman &
Davis Co., L.P.A., and Troy D. Barnett, for appellee.

Davis & Young and Dennis R. Fogarty, for appellant.
__________________
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