Dempsey v. Allstate Insurance Co.

¶38 I respectfully dissent.

¶39 Leaving for another day some of the Court’s philosophical musings about the source of the law, in particular, that the law is that which is declared by judges, I nonetheless appreciate the Court’s effort to meld our conflicting precedent into a practical rule. However, I cannot agree with the new rule because it is inconsistent with additional precedent which the Court neither overrules nor reconciles. Further, I believe this Court will need, as demonstrated recently in Ereth, the flexibility of the Chevron test on questions concerning the prospective…