Smith v. New England Mutual Life Insurance

DISSENTING OPINION OF

PADGETT, J.,

WITH WHOM LUM, C.J., JOINS

We respectfully dissent.

The majority today, in a case where cross-motions for summary judgment were filed, and the appellee’s motion granted, orders a remand for entry of judgment in favor of the appellant insurance company.

The majority begins with the flat assertion that the facts in this case are undisputed. That is simply not so, as is demonstrated below in the extended discussion of the facts in the record.

The appellee, in arguing in support of the judgment below, conceded in her brief here that the decedent became a permanent…