Coffield v. Allstate Ins. Co.

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[Cite as Coffield v. Allstate Ins. Co., 93 Ohio St.3d 190, 2001-Ohio1325] COFFIELD, APPELLANT, v. ALLSTATE INSURANCE COMPANY, APPELLEE. [Cite as Coffield v. Allstate Ins. Co. (2001), 93 Ohio St.3d 190.] Motion for reconsideration granted Discretionary appeal allowed Court of appeals judgment reversed and cause remanded on authority of Clark v. Scarpelli and Littrell v. Wigglesworth. (No. 01-342 Submitted July 17, 2001 Decided September 19, 2001.) APPEAL from the Court of Appeals for Portage County, No. 99-P-0060. ON MOTION FOR RECONSIDERATION. __________________ The motion for this court to reconsider its judgment denying a discretionary appeal in Coffield v. Allstate Ins. Co. (2001), 91 Ohio St.3d 1528, 747 N.E.2d 253, is granted. The discretionary appeal is allowed. The judgment of the court of appeals is reversed, and the cause is remanded on the authority of Clark v. Scarpelli (2001), 91 Ohio St.3d 271, 744 N.E.2d 719, and Littrell v. Wigglesworth (2001), 91 Ohio St.3d 425, 746 N.E.2d 1077. DOUGLAS, RESNICK, F.E. SWEENEY and PFEIFER, JJ., concur. MOYER, C.J., COOK and LUNDBERG STRATTON, JJ., dissent. __________________ LUNDBERG STRATTON, J., dissenting. I dissent and would affirm the judgment of the court of appeals. MOYER, C.J., and COOK, J., concur in the foregoing dissenting opinion. __________________ Friedman, Domiano & Smith Co., L.P.A., Jeffrey H. Friedman and Stephen S. Vanek, for appellant. Perantinides & Nolan Co., L.P.A., Chris T. Nolan and Peter D. Janos, for appellee. __________________ 1

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