(concurring in part and concurring specially in part).
[¶ 27.] I join, at a minimum, the remand of this matter as provided for in Justice Konenkamp’s writing. It seems that fundamental fairness requires, in this type of a case, that the insurers be given their day in court when they did not breach their duty to defend during the underlying action.
[¶ 28.] I also concur with the special writing of Judge Dobberpuhl, which I feel is consistent with my dissent in Martin-maas v. Engelmann, 2000 SD 85, ¶¶ 79-86, 612 N.W.2d 600, 617.