Bartell v. American Home Assurance Co.

CHIEF JUSTICE GRAY,

concurring.

¶15 I concur with the Court’s statutory analysis and the conclusion based thereon. I do not agree with the remainder of the Court’s discussion and analysis.

¶16 As the Court observes, the certified question from the United States District Court is stated in the disjunctive: whether the automobile policy at issue “is in violation of § 33-23-201, MCA, or the public policy of this State.” The Court concludes, and I agree, that the policy violates the statute. The first portion of the certified question having been answered in the affirmative, it is my view that the matter has been resolved and it is entirely unnecessary to go on-via dicta-to the second portion of the certified question.