Continental Insurance Co. v. United States Fidelity & Guaranty Co.

BOOCHEVER, Chief Justice,

concurring, with whom DIMOND, Justice Pro Tem., joins.

I find that I must file a separate concurrence on an issue which at first glance might appear to be a relatively minor portion of the majority opinion. The court holds that a trial court may exercise its discretion as to whether or not to award attorney’s fees to a plaintiff who has received and rejected an offer of judgment, for the period of time between the filing of the case and the date of the offer. I believe that the majority unnecessarily injects an area of uncertainty into the application of Civil Rule 68…