Marsh v. Northland Insurance

The majority seeks to produce an equitable result. Implicit in the majority’s view of the case is a belief that the insured has engaged in a "sharp practice” which this court should not condone. It is not my desire to countenance the conduct of the insured. Rather, I must dissent because I cannot join the majority in sanctioning and approving the conduct of the insurance company in failing to file defensive pleadings in a pending lawsuit. The views of the majority are at odds with over 130 years of judicial authority which compels a party litigant to assert his rights in pending litigation or…