Cincinnati Insurance v. Phillips

Upon rehearing the cause before us, we believe that this court’s original decision in Cincinnati Ins. I was clearly erroneous and would, if not rectified, create much confusion in this difficult area of the law. Since we firmly believe that Ohio law as interpreted in our prior decision in Wood v. Shepard (1988), 38 Ohio St. 3d 86, 526 N.E. 2d 1089, demands that the wrongful death statutes (R.C. 2125.01 and 2125.02)2 not be abridged in any manner whatsoever, we reverse the decision of the court of appeals below.

The liability policy issued by appellee to the Phillipses provides in pertinent…