Federated Guaranty Life Ins. Co. v. Bragg

I concur specially in order to explore more fully the majority's holding that if Federated prevails in its declaratory judgment action on the basis of Bragg's alleged misrepresentation, then the issues presented by way of Bragg's fraud counterclaim will not be reached. I would go further and hold that Federated was entitled to a directed verdict on Bragg's counterclaim.

Federated's declaratory judgment action is brought in orderto have its duty under the insurance contracts judiciallydetermined. Federated alleges that Bragg materially misrepresented his health in the insurance applications.…