I am of the opinion that the third paragraph of the answer not only states a good defense to plaintiff's cause of action, but that it does not disclose any encroachment on the jurisdiction which the circuit court possessed. I am of the further opinion that the record does not warrant criticism of the defendant's claim department. For these reasons I concur merely in the affirmance of the judgment. Blair, Gantt and White, JJ., concur in these views. *Page 57