Commonwealth v. Great American Indemnity Co.

Concurring Opinion by

Mr. Justice Kephart :

While I concur in the opinion of the court, it should be pointed out that the decision in this case overrules Greene County v. Southern Surety Co., 292 Pa. 304. We stated in the Greene County case that so settled in the law of this Commonwealth was the rule therein mentioned that we were bound by the doctrine of stare decisis and must await legislative action to be free from it and come into accord with the more equitable, reasonable and prevailing view. The legislature by the Act of June 23,'1931, P. L. 1181, has indicated that public policy favors…