Bowen v. Westerhaus

While I fully agree with the principles of law enunciated in the majority opinion, I do not feel they apply to the facts of this case. Here we have a claim dispute between two insurance companies. Over the course of three years the companies corresponded between one another as to the status of the claim. The defendants admitted liability for one-half of plaintiffs’ claim but stated their liability for the other half depended on the outcome of a declaratory judgment between defendants and another insurance company. This was an explanation of why payment to plaintiffs was delayed. The…