Nationwide Mutual Insurance v. Fleming

ORDER

AND NOW, this 29th day of January, 2010, the January 4, 2010 Resubmission Order is hereby VACATED. The Court being equally divided, the order of the Superior Court is AFFIRMED.

Justice EAKIN files an Opinion in Support of Affirmance, which is joined by Justice BAER. Justice SAYLOR files an Opinion in Support of Reversal, which is joined by Chief Justice CASTILLE. Justice TODD and Justice MeCAFFERY did not participate in the consideration or decision of this matter.

OPINION IN SUPPORT OF AFFIRMANCE

Justice EAKIN.

Appellants, Nationwide Mutual Insurance Company, el al., sued several former…