Prudential Ins. Co. of Am. v. Houk
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OPINIONS OF THE SUPREME COURT OF OHIO The full texts of the opinions of the Supreme Court of Ohio are being transmitted electronically beginning May 27, 1992, pursuant to a pilot project implemented by Chief Justice Thomas J. Moyer. Please call any errors to the attention of the Reporter's Office of the Supreme Court of Ohio. Attention: Walter S. Kobalka, Reporter, or Deborah J. Barrett, Administrative Assistant. Tel.: (614) 466-4961; in Ohio 1-800-826-9010. Your comments on this pilot project are also welcome. NOTE: Corrections may be made by the Supreme Court to the full texts of the opinions after they have been released electronically to the public. The reader is therefore advised to check the bound volumes of Ohio St.3d published by West Publishing Company for the final versions of these opinions. The advance sheets to Ohio St.3d will also contain the volume and page numbers where the opinions will be found in the bound volumes of the Ohio Official Reports. Prudential Insurance Company of America, Appellee, v. Houk, Appellant, et al. [Cite as Prudential Ins. Co. of Am. v. Houk (1993), Ohio St.3d .] Insurance benefits -- Provisions of R.C. 1339.63 as applied to contracts entered into before effective date of statute violate Section 28, Article II of the Ohio Constitution. (No. 93-955 -- Submitted December 7, 1993 -- Decided December 29, 1993.) Appeal from the Court of Appeals for Stark County, No. CA-9093. John W. Ergazos, for appellant. The motion to certify the record is allowed and the judgment of the court of appeals is reversed on authority of Aetna Life Ins. Co. v. Schilling (1993), 67 Ohio St.3d 164, 616 N.E.2d 893. Moyer, C.J., Douglas, Resnick and Pfeifer, JJ., concur. A.W. Sweeney, Wright and F.E. Sweeney, JJ., dissent for the reasons stated in the dissenting opinions of A.W. Sweeney and Wright, JJ., in Aetna Life ins. Co. v. Schilling (1993), 67 Ohio St.3d 164, 168-174, 616 N.E.2d 893, 896-900.
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