The discretionary appeal is denied.
The discretionary cross-appeal is allowed.
The judgment of the court of appeals on cross-appeal is reversed, and the cause is remanded to the trial court for further proceedings on the authority of Schaefer v. Allstate Ins. Co. (1996), 76 Ohio St.3d 553, 668 N.E.2d 913.
Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.