Legal Opinion · Dissent

Millers National Insurance v. Bunds

Supreme Court of Kansas

Decided June 10, 1944No. 36,108; No. 36,113Published

1DissentWedell, J.

I am convinced the decision in this case is wrong. With utmost deference to the views of the majority I desire to state frankly the principal reasons which impel this dissent.

Stripped to its bare essentials, the majority opinion means, first, that courts may substitute their own notions of public policy for a clearly defined public policy of the legislature, and second, that after courts have so substituted their own views, without authority or power to do so, they may write a different contract of insurance than that required by the legislature and substitute the new contract for a void…

2Cases cited3 opinions

  1. Dunn v. JonesSupreme Court of Kansas · 1936
  2. Elmore v. Royal InsuranceSupreme Court of Kansas · 1941
  3. Deruy Motor Co. v. Insurance Co. of North AmericaSupreme Court of Kansas · 1937

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