Geren v. Westfield Ins. Co.

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[Cite as Geren v. Westfield Ins. Co., 100 Ohio St.3d 322, 2003-Ohio-6421.] GEREN, APPELLANT, v. WESTFIELD INSURANCE COMPANY ET AL., APPELLEES. [Cite as Geren v. Westfield Ins. Co., 100 Ohio St.3d 322, 2003-Ohio-6421.] Insurance Automobile liability insurance Uninsured/underinsured motorist coverage Employer s commercial automobile liability policy covers loss sustained by employee if loss occurs within the course and scope of employment Court of appeals judgment affirmed on authority of Westfield Ins. Co. v. Galatis. (No. 2002-0610 Submitted May 13, 2003 Decided December 17, 2003.) APPEAL from the Court of Appeals for Lucas County, No. L-01-1398, 2002-Ohio1230. __________________ {ΒΆ1} The judgment of the court of appeals is affirmed 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., FORD, SUNDERMANN, LUNDBERG STRATTON and O CONNOR, JJ., concur. F.E. SWEENEY and PFEIFER, JJ., dissent. DONALD R. FORD, J., of the Eleventh Appellate District, sitting for RESNICK, J. J. HOWARD SUNDERMANN JR., J., of the First Appellate District, sitting for COOK, J. __________________ Cubbon & Associates Co., L.P.A., and James E. Yavorcik, for appellant. Ritter, Robinson, McCready & James, Timothy C. James and Wendy C. Johnson, for appellee Westfield Insurance Company. SUPREME COURT OF OHIO Davis & Young, Henry A. Hentemann and J. Michael Creagan, for appellee Travelers Indemnity Company of Illinois. Boyk & Crossmock, L.L.C., and Steven L. Crossmock, urging reversal and remand for amicus curiae Ohio Academy of Trial Lawyers. __________________ 2

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