Dreibelbis v. Kemper Ins. Co.
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[Cite as Dreibelbis v. Kemper Ins. Co., 101 Ohio St.3d 326 , 2004-Ohio-1446.] DREIBELBIS, APPELLEE, v. KEMPER INSURANCE COMPANY, APPELLEE. [Cite as Dreibelbis v. Kemper Ins. Co., 101 Ohio St.3d 326, 2004-Ohio-1446.] Discretionary appeal accepted Court of appeals judgment reversed on authority of Westfield Ins. Co. v. Galatis. (No. 2003-1998 Submitted February 3, 2004 Decided April 7, 2004.) APPEAL from the Court of Appeals for Ashland County, No. 02COA-055, 2003Ohio-5239. __________________ {¶1} The discretionary appeal is accepted. {¶2} The judgment of the court of appeals is reversed on the authority of Westfield Ins. Co. v. Galatis, 100 Ohio St.3d 216, 2003-Ohio-5849, 797 N.E.2d 1256. MOYER, C.J., LUNDBERG STRATTON, O CONNOR and O DONNELL, JJ., concur. RESNICK and F.E. SWEENEY, JJ., dissent and would affirm. PFEIFER, J., dissents. __________________ John K. Rinehardt, for appellee. Weston, Hurd, Fallon, Paisley & Howley, L.L.P., and Shawn W. Maestle, for appellant. ______________________ 1
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