Prudential Ins. Co. of Am. v. Houk , 1993 Ohio 142 ( 1993 )

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Prudential Insurance Company of America, Appellee, v. Houk,
Appellant, et al.
[Cite as Prudential Ins. Co. of Am. v. Houk (1993), Ohio
St.3d .]
Insurance benefits -- Provisions of R.C. 1339.63 as applied to
contracts entered into before effective date of statute
violate Section 28, Article II of the Ohio Constitution.
(No. 93-955 -- Submitted December 7, 1993 -- Decided
December 29, 1993.)
Appeal from the Court of Appeals for Stark County, No.
CA-9093.
John W. Ergazos, for appellant.
The motion to certify the record is allowed and the
judgment of the court of appeals is reversed on authority of
Aetna Life Ins. Co. v. Schilling (1993), 67 Ohio St.3d 164, 616
N.E.2d 893.
Moyer, C.J., Douglas, Resnick and Pfeifer, JJ., concur.
A.W. Sweeney, Wright and F.E. Sweeney, JJ., dissent for
the reasons stated in the dissenting opinions of A.W. Sweeney
and Wright, JJ., in Aetna Life ins. Co. v. Schilling (1993), 67
Ohio St.3d 164, 168-174, 616 N.E.2d 893, 896-900.