Clougherty v. Royal Insurance Company

In concurring, I am constrained to set forth my reasons for so doing. Although I would prefer the result achieved in the dissent, I am unable to accept the fundamental premises upon which it is based.

In his dissent, Brother Joslin declares that there is no clear and definite statement by a New York court as to how the clause1 of the policy in issue should be interpreted ; second, he asserts that in the absence of “a clear New York mandate,” or when in his opinion the law of New York is “in doubt,” he is at liberty to decide what the law of New York should be on this matter, regardless of how…