Ballow v. PHICO Insurance Co.

specially concurring in the result:

I specially concur in the reversal of the court of appeals, but for reasons that differ in some respects from those set forth in the majority opinion. I agree with the majority that the court of appeals erred in deciding the insurance contract was unambiguous. I would hold the insurance contracts between the physicians and PHICO Insurance Company (PHICO) were continuous contracts breached by PHICO.

I

A civil action was commenced by 105 “independent physicians” against PHICO for damages based on fraud, breach of contract, negligent misrepresentation, bad faith,…