holding that language in prior plurality opinion was not controlling, because it lacked four votes
How later courts described this case
- holding that language in prior plurality opinion was not controlling, because it lacked four votes
Written by the judges who cited it.
Later courts went against this
Overruled on other grounds by Martin v. Midwestern Group Insurance, 70 Ohio St. 3d 478 (1994)
22 Ohio St.3d 42, 44 (1986), overruled on other grounds, Martin v. Midwestern Group Ins. Co., 70 Ohio St.3d 478
Overruled on other grounds by Martin v. Midwestern Group Ins. Co., 1994 Ohio 407 (1994)
22 Ohio St.3d 42, 44 (1986), overruled on other grounds by Martin v. Midwestern Group Ins. Co., 1994-Ohio-407
The opinion
Holmes, J.,
concurring. With this well-written opinion, the majority of this court has now returned to a stance of construing contracts of insurance more reasonably, with the intent and purpose in mind of not only the General Assembly when it enacted R.C. 3937.18(E) [now (G)], but also that of the contracting parties. I commend this result as being in keeping with my dissent in Ady v. West American Ins. Co. (1982), 69 Ohio St. 2d 593, 604 [ 23 O.O.3d 495 ].