Wentling v. Motorists Insurance Companies

{¶ 2} I agree with the majority that the judgment of the court of appeals should be vacated and the cause remanded for further proceedings under Ferrando v. Auto-Owners Mut. Ins. Co., 98 Ohio St.3d 186, 2002-Ohio-7217, 781 N.E.2d 927. Since we are vacating the court of appeals’ judgment, the conflict certified to this court under Proposition II will no longer exist. Although the Fifth District has reached conflicting conclusions on this issue (see Welsh v. Indiana Ins. Co., Stark App. No. 2002CA00379, 2003-Ohio-5244, 2003 WL 22251403; Shirley v. Republic-Franklin Ins. Co., Stark App. No.…