Kinsey v. Pacific Employers Insurance

Although I agree with and join in the reasoning of the majority in all respects, I write separately to disassociate myself from the unwarranted speculation in the concurrence of Justice Borden that a coordinate branch of government may have acted unconstitutionally in enacting General Statutes § l-2z. I am concerned that Justice Borden’s concurring opinion represents a significant and unfortunate departure from our jurisprudence of restraint and deference. In the present case, it is clear from the record that neither *420party has claimed that § l-2z is unconstitutional, and, indeed, the…