COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                        COUNTY OF CUYAHOGA
                            NO. 79992
ELIZABETH COLEN, Individually   :
and as Administratrix of the    :
the Estate of Francis T. Colen  :
                                :
          Plaintiff-Appellant   :       JOURNAL ENTRY
                                :             AND
          -vs-                  :          OPINION
                                :
ALLSTATE INSURANCE COMPANY      :
                                :
          Defendant-Appellee    :
DATE OF ANNOUNCEMENT
 OF DECISION:                       JANUARY 9, 2003
CHARACTER OF PROCEEDING:            Civil appeal from
                                    Court of Common Pleas
                                    Case No. CV-406965
JUDGMENT:                           AFFIRMED
DATE OF JOURNALIZATION:
APPEARANCES:
For Plaintiff-Appellant:            JEFFREY FRIEDMAN, ESQ.
                                    STEPHEN S. VANEK, ESQ.
                                    FRIEDMAN, DOMIANO & SMITH
                                    Sixth Floor, Standard Bldg.
                                    1370 Ontario Street
                                    Cleveland, Ohio 44113-1701
For Defendant-Appellee:             STANLEY S. KELLER, ESQ.
                                    KELLER AND CURTIN
                                    The Hanna Building, Suite 330
                                    1422 Euclid Avenue
                                    Cleveland, Ohio 44115-1901
                               -2-
JUDGE TERRENCE O'DONNELL:
     We stayed the within cause pending determination of the same
issue presented here by the Ohio Supreme Court in Hillyer v. State
Farm Fire & Cas. Co., 97 Ohio St.3d ____, 2002-Ohio-6662, and the
other cases it decided in that opinion.   There, the court stated,
"we find that the limited liability coverage that may arise under
the residence-employee exception in a homeowner's insurance policy
is insufficient to transform the policy into a motor vehicle policy
for purposes of former R.C. 3937.18(A)." We now lift that stay.
     Inasmuch as the issue presented for review here concerns
whether residence employee coverage in a homeowner's policy creates
UIM coverage by operation of law, in accord with Hillyer, it does
not.
     Accordingly, for the reasons expounded by the Ohio Supreme
Court in Hillyer, the assignment of error presented is overruled
and the judgment of the trial court is affirmed.
                                  -3-
     It is ordered that appellee recover of appellant its costs
herein taxed.
     The court finds there were reasonable grounds for this appeal.
     It is ordered that a special mandate issue out of this court
directing the Cuyahoga County Court of Common Pleas to carry this
judgment into execution.
     A certified copy of this entry shall constitute the mandate
pursuant to Rule 27 of the Rules of Appellate Procedure.
                                                   JUDGE
                                            TERRENCE O'DONNELL
ANNE L. KILBANE, P.J.               and
FRANK D. CELEBREZZE, JR., J., CONCUR.
N.B.  This entry is an announcement of the court's decision.   See App.R.
22(B), 22(D) and 26(A); Loc.App.R. 22.  This decision will be journalized
and will become the judgment and order of the court pursuant to App.R.
22(E) unless a motion for reconsideration with supporting brief, per
App.R. 26(A), is filed within ten (10) days of the announcement of the
court's decision.  The time period for review by the Supreme Court of
Ohio shall begin to run upon the journalization of this court's
announcement of decision by the clerk per App.R. 22(E).     See, also,
S.Ct.Prac.R. II, Section 2(A)(1).
 
.