Bentley v. Pendleton

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[Cite as Bentley v. Pendleton, 105 Ohio St.3d 326, 2005-Ohio-1824.] BENTLEY ET AL., APPELLANTS, v. PENDLETON ET AL.; AMERICAN HOME ASSURANCE COMPANY, APPELLEE. [Cite as Bentley v. Pendleton, 105 Ohio St.3d 326, 2005-Ohio-1824.] Motor vehicles Uninsured/underinsured-motorist coverage Court of appeals judgment reversed on the authority of Gilchrist v. Gonsor, and cause remanded. (No. 2004-1135 Submitted March 30, 2005 Decided May 4, 2005.) APPEAL from the Court of Appeals for Pike County, No. 03CA722, 2004-Ohio-3848. __________________ {¶1} The judgment of the court of appeals is reversed on the authority of Gilchrist v. Gonsor, 104 Ohio St.3d 599, 2004-Ohio-7103, 821 N.E.2d 154, and the cause is remanded to the court of appeals for consideration of the remaining assignments of error and for further proceedings not inconsistent with Gilchrist v. Gonsor. MOYER, C.J., RESNICK, PFEIFER, O CONNOR and O DONNELL, JJ., concur. LUNDBERG STRATTON and LANZINGER, JJ., dissent. __________________ LUNDBERG STRATTON, J., dissenting. {¶2} For reasons set forth in my dissenting opinion in Gilchrist v. Gonsor, 104 Ohio St.3d 599, 2004-Ohio-7103, 821 N.E.2d 154, ¶14-23, I respectfully dissent. LANZINGER, J., concurs in the foregoing dissenting opinion. __________________ Robert W. Kerpsack Co., L.P.A, and Robert W. Kerpsack, for appellants. SUPREME COURT OF OHIO Wiles, Boyle, Burkholder & Bringardner Co., L.P.A., Michael L. Close, and Dale D. Cook; Janik & Dorman, L.L.P., Stacy Lilly, and Matthew Grimm, for appellee. _____________________ 2

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