Mid-Continent Casualty Co. v. Whatley

This case presents a simple question: whether the evidence is factually and legally sufficient to support the verdict. The simple answer is yes. With this much of the majority opinion, and the denial of delay damages, I agree.

The majority, however, have made a very simple case very complicated by attempting to show that even if the evidence in support of the verdict were lacking, Mid-Continent would not be entitled to relief on appeal. So extended is this digression that it crowds out the real issue in the ease. What should be at most a fallback position is the bulk of the majority’s opinion,…