Burchard v. Nationwide Agribusiness Ins. Co.
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[Cite as Burchard v. Nationwide Agribusiness Ins. Co., 101 Ohio St.3d 62, 2004-Ohio-5.] BURCHARD ET AL., APPELLEES, v. NATIONWIDE AGRIBUSINESS INSURANCE COMPANY, APPELLANT. [Cite as Burchard v. Nationwide Agribusiness Ins. Co., 101 Ohio St.3d 62, 2004-Ohio-5.] Discretionary appeal allowed Court of appeals judgment reversed and remanded on authority of Westfield Ins. Co. v. Galatis. (No. 2003-1683 Submitted December 1, 2003 Decided January 14, 2004.) APPEAL from the Court of Appeals for Medina County, No. 03CA0007-M, 2003Ohio-4147. __________________ {¶1} The discretionary appeal is allowed. {¶2} The judgment of the court of appeals is reversed, and the cause is remanded to the trial court 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, F.E. SWEENEY and PFEIFER, JJ., dissent. __________________ Apicella & Trapp, F.M. Apicella and Mary Jane Trapp, for appellees. Williams, Sennett & Scully Co., L.P.A., James A. Sennett and Deitri E. Villarreal, for appellant. __________________ 1
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