Mire v. Fidelity & Casualty Co.

I disagree with the conclusion reached by my colleagues. I nevertheless am concurring in the majority opinion for two reasons: (1) My refusal to concur would cause the case to be reargued, entailing additional delays and expense to the parties, and eventually the same result would be reached; and (2) the majority recognizes that after the case is remanded, a motion for summary judgment may be filed presenting the same issue which is before us now, and in that manner the parties eventually will be able to have that issue determined.

The sole question presented on this appeal is whether an…