concurs, and assigns reasons.
1Because a majority of this court does not agree to overrule current jurisprudence of the First Circuit, I reluctantly concur with the majority opinion, based on the law of the circuit. However, I find the reasoning set forth in Comm-Care Corporation v. Bishop, 95-1246 (La.App. 3 Cir. 3/6/96), 673 So.2d 212, rev’d on other grounds, 96-1711 (La.1/21/98), 706 So.2d 425 (on rehearing), to be the better analysis.