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Auto. Club Ins. Co. v. Mills
[This decision has been published in Ohio Official Reports at 90 Ohio St.3d 574 .]
AUTOMOBILE CLUB INSURANCE COMPANY, APPELLEE, v. MILLS ET AL.;
BRANNUM, ADMR., APPELLANT.
[Cite as Auto. Club Ins. Co. v. Mills, 2001-Ohio-21 .] Insurance—Liability insurance coverage—Court of appeals’ judgment reversed on authority of Doe v. Shaffer. (No. 00-1543—Submitted December 13, 2000—Decided January 17, 2001.) APPEAL from the Court of Appeals for Clermont County, Nos. CA99-07-064 and
CA99-07-070.
__________________ {¶ 1} The judgment of the court of appeals is reversed on the authority of Doe v. Shaffer (2000), 90 Ohio St.3d 388 , 738 N.E.2d 1243 . MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and COOK, JJ., concur. LUNDBERG STRATTON, J., concurs and dissents. __________________ LUNDBERG STRATTON, J., concurring and dissenting. {¶ 2} I concur with the decision to reverse on the authority of Doe v. Shaffer (2000), 90 Ohio St.3d 388 , 738 N.E.2d 1243 . However, for the reasons set forth in my dissenting opinion in Doe, supra, I respectfully dissent to the extent that the holding in Doe is being applied retroactively. __________________ Rendigs, Fry, Kiely & Dennis, L.L.P., Joseph W. Gelwicks and Ralph F. Mitchell, for appellee. Heis & Wenstrup Co., L.P.A., Daniel J. Wenstrup and Rebecca J. Allf, for appellant. __________________