Legal Opinion · Dissent

Aetna Life Insurance v. Schilling

Ohio Supreme Court

Decided August 25, 1993No. 92-1375Published

1DissentA. William Sweeney, J.

In my view, the majority opinion has seriously erred in according vested contractual rights to a person whose contractual interest was nothing more than an expectancy, solely dependent on the action or inaction of another. Therefore, I must respectfully yet vigorously dissent from what I perceive to be a misapplication of Section 28, Article II of the Ohio Constitution, as well as a manifest injustice to the appellee-widow and surviving son.

*169Even if it is assumed that decedent was a party to the insurance contract, the majority’s application of Section 28, Article II of the Ohio Constitution…

2Cases cited3 opinions

  1. New Orleans v. ClarkSupreme Court of the United States · 1877
  2. Hatch, Exrx. v. TiptonOhio Supreme Court · 1936
  3. Buehler v. BuehlerOhio Court of Appeals · 1979

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