Lister v. Great American Insurance

(concurring in the result) :

I concur in affirming the judgment of the trial court; however, I prefer to base my concurrence on somewhat different grounds from those stated in the prevailing opinion.

I am unable to see any connection in this case with the law of insurance. This matter involves the law of suretyship only and the fact that the bond was written by an insrirance company does not inject insurance law into the case. An insurance contract is one whereby one undertakes to indemnify another against loss, damage or liability arising from an unknown or contingent event. A contract of…