Bristol West Insurance Co. v. MD Readers, Inc.

While I concuV in the majority opinion, I do so only because the issue of the propriety of the declaratory judgment is not before us for consideration. I cannot understand why this action is even proceeding where appellee is not seeking any benefits — damages—from its claim. Bristol has already admitted that it made an arithmetical mistake and agrees that MD Read*52ers’ calculation of reimbursement rates by CPT codes is correct. Assuming MD Readers gets the declaration that it wants, the court will declare the CPT code reimbursement rates for 2004-2005.

However, not one member of the class can…