Preferred Risk Insurance v. Gill

I cannot agree that Preferred Risk has

stated a claim for which relief can be granted, and would hold that Preferred Risk was not entitled to bring this declaratory judgment action. Moreover, I am not persuaded that we should overrule Transamerica Ins. Co. v. Taylor (1986), 28 Ohio St. 3d 312, 28 OBR 381, 504 N.E. 2d 15, and State Farm Fire & Cas. Co. v. Pildner (1974), 40 Ohio St. 2d 101, 69 O.O. 2d 509, 321 N.E. 2d 600. Both of these well-reasoned cases are still good law and should be upheld under the principle of stare decisis.

Transamerica, supra, and Pildner, supra, stand for the…