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Fish v. Ohio Casualty Insurance Company

Supreme Court of Ohio
Feb 4, 2004
802 N.E.2d 149 (Ohio 2004)

Summary

stating that although discretionary appeal was not allowed, the proceedings in the trial court upon remand from the court of appeals should include application of Galatis

Summary of this case from Wright v. Cincinnati Ins. Co.

Opinion

No. 2003-1732.

Submitted January 14, 2004.

Decided February 4, 2004.

Appeal from the Court of Appeals for Stark County, No. 2003CA00036, 2003-Ohio-4381.

John S. Coury, for appellees.

Oldham Dowling and Raymond C. Mueller, for appellant.


{¶ 1} The discretionary appeal is not accepted.

Moyer, C.J., Resnick, F.E. Sweeney, Pfeifer and O'Connor, JJ., concur.

Lundberg Stratton and O'Donnell, JJ., concur separately.


{¶ 2} I concur with the decision to deny jurisdiction. However, I write to express my view that Westfield Ins. Co. v. Galatis, 100 Ohio St.3d 216, 2003-Ohio-5849, 797 N.E.2d 1256, applies to all pending cases where a Scott-Pontzer claim has been raised. See Scott-Pontzer v. Liberty Mut. Fire Ins. Co. (1999), 85 Ohio St.3d 660, 710 N.E.2d 1116. Galatis represents an intervening change in the law with respect to these claims and presents a compelling reason for courts below to reexamine a point of law. See Ryan v. Mike-Ron Corp. (1967), 63 Cal.Rptr. 601, 605-606.

{¶ 3} In the instant case, the court of appeals determined that the Ohio Casualty auto policy provided underinsured motorist coverage by operation of law and that the plaintiffs were entitled to recover under that provision of the policy. The court of appeals remanded for further proceedings. These proceedings should include application of Galatis.

{¶ 4} I concur with the majority to deny jurisdiction, however, because it is not the role of this court to accept jurisdiction over a case merely to apply Galatis. That is not the issue over which the appellant in this case requests review, and the courts below are in the position to apply, on remand, the law as it now stands.

O'Donnell, J., concurs in the foregoing concurring opinion.


Summaries of

Fish v. Ohio Casualty Insurance Company

Supreme Court of Ohio
Feb 4, 2004
802 N.E.2d 149 (Ohio 2004)

stating that although discretionary appeal was not allowed, the proceedings in the trial court upon remand from the court of appeals should include application of Galatis

Summary of this case from Wright v. Cincinnati Ins. Co.

In Fish v. Ohio Cas. Ins. Co., 101 Ohio St.3d 1210, 2004-Ohio-224, 802 N.E.2d 149, the Ohio Supreme Court did not accept a discretionary appeal. Two justices separately concurred with that decision to emphasize that Galatis should be applied retrospectively.

Summary of this case from Parks v. Rice
Case details for

Fish v. Ohio Casualty Insurance Company

Case Details

Full title:Fish et al., Appellees, v. Ohio Casualty Insurance Company, Appellant, et…

Court:Supreme Court of Ohio

Date published: Feb 4, 2004

Citations

802 N.E.2d 149 (Ohio 2004)
802 N.E.2d 149
2004 Ohio 224

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