[Cite as Nationwide Mut. Ins. Co. v. Briggs, 128 Ohio St.3d 394, 2011-Ohio-1420.]




     NATIONWIDE MUTUAL INSURANCE COMPANY, APPELLANT, v. BRIGGS,
                                        APPELLEE.
                     [Cite as Nationwide Mut. Ins. Co. v. Briggs,
                        128 Ohio St.3d 394, 2011-Ohio-1420.]
Appeal dismissed as improvidently accepted.
    (No. 2010-0114 — Submitted March 2, 2011 — Decided March 30, 2011.)
    APPEAL from the Court of Appeals for Stark County, No. 2009 CA 00108,
                                    2009-Ohio-6452.
                                  __________________
        {¶ 1} The cause is dismissed, sua sponte, as having been improvidently
accepted.
        {¶ 2} The court orders that the opinion of the court of appeals may not
be cited as authority except by the parties inter se.
        O’CONNOR, C.J., and PFEIFER, O’DONNELL, LANZINGER, CUPP, and
MCGEE BROWN, JJ., concur.
        LUNDBERG STRATTON, J., dissents.
                                 ___________________
        LUNDBERG STRATTON, J., dissenting.
        {¶ 3} I respectfully dissent. I would reverse the judgment of the court of
appeals and remand for application of Allstate Ins. Co. v. Campbell, 128 Ohio
St.3d 186, 2010-Ohio-6312, 942 N.E.2d 1090.
                                  __________________
        Kirk E. Roman and Joyce V. Kimbler, for appellant.
        Stephen A. Ginella Jr., for appellee.
        Michael S. Schroeder and David J. Jansky, urging affirmance for amicus
curiae, Ohio Association for Justice.
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