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Case Law - save on Lexis / WestLaw. [Cite as Welsh v. Indiana Ins. Co., 101 Ohio St.3d 1247, 2004-Ohio-1621.] WELSH ET AL., APPELLEES, v. INDIANA INSURANCE COMPANY ET AL.; OHIC INSURANCE COMPANY, APPELLANT. [Cite as Welsh v. Indiana Ins. Co., 101 Ohio St.3d 1247, 2004-Ohio-1621.] Motions for reconsideration denied. (Nos. 2003-1948 and 2003-1949 -- Submitted March 15, 2004 -- Decided April 14, 2004.) APPEAL from and CERTIFIED by the Court of Appeals for Stark County, No. 2002CA00378, 2003-Ohio-5054 and 2003-Ohio-5244. ON MOTIONS FOR RECONSIDERATION. __________________ {¶1} The motions for reconsideration of the entries of January 21, 2004, found at 101 Ohio St.3d 1424, 2004-Ohio-123, 802 N.E.2d 154, and 101 Ohio St.3d 1418, 2004-Ohio-123, 802 N.E.2d 150, are 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 __________________ John S. Coury, for appellees. Thompson Hine L.L.P., Scott A. Campbell and John T. Sunderland, for appellant. __________________ 2 |
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