Brock v. Guaranty Trust Life Insurance

The writer concurs fully with what is said in the majority opinion. It may be appropriate to add that my concurrence is conditioned on the idea that what is said in the footnotes and opinion are to be taken together and not be to considered alone.

Twenty-five years ago the use of headnotes appeared to be the rule and footnotes the exception. Now the latter are in vogue, and the former almost “a historical oddity.”1 It is pertinent to suggest that the existing opinion-headnote rule should also apply to opinion-footnote2 situations, such as in the instant case:

“Where this court delivers an…