Keddie v. Beneficial Insurance, Inc.

*421Batjer, C. J., with whom Gunderson, J., agrees,

concurring.

I concur in the result reached by my brothers, but for a substantially different and more fundamental reason.

The majority opinion is predicated upon a distinction between a yacht insurance policy and an insurance policy covering commercial fishing boats. I believe consideration of this distinction is premature because there was no policy of insurance in effect at the time of the loss and, thus, any such distinction is irrelevant to determination of this case.

An insurance policy is a contract (McGregor v. Inter-Ocean Insurance Company,…