(concurring) — I concur in the majority's result, but feel compelled to write separately for several reasons.
First, the majority states two issues are presented: "(1) whether the acts of the contractor constitute theft as defined in the policy, and (2) whether a cashier's check is money, a bank note or an evidence of debt under the special limits of liability clause contained in the policy." Majority opinion, at 26. State Farm Fire and Casualty Company appealed only one issue to this court. State Farm did not appeal the Court of Appeals determination that the act of the contractor constituted theft. The majority never analyzes whether the contractor's acts constituted theft. Because the issue was not appealed, I express no opinion as to whether a theft occurred. My decision presumes that the Court of Appeals was correct in determining that the prerequisite of theft was met.
Second, I would phrase the issue that is before us as whether any of the policy's special limits of liability apply. The limits will only apply if a cashier's check is found to meet one of the terms. I agree with the majority that in Washington, a cashier's check is treated the same as money. Therefore, I agree with the majority that recovery under the policy is limited to $100.
Third, I wish to note specifically that while I do not find the term "money" ambiguous in this case, I, like the dissent, do not adopt the rule of law proposed by the Court of Appeals. The Court of Appeals said: "An ambiguity exists when there is a difference of opinion among courts of different jurisdictions with respect to the construction of *30terms in insurance policies." Crunk v. State Farm Fire & Cas. Co., 38 Wn. App. 501, 508, 686 P.2d 1132 (1984). The language has been subsequently quoted. Sayan v. United Servs. Auto. Ass'n, 43 Wn. App. 148, 154, 716 P.2d 895 (1986). I do not wish the majority's failure to address this language specifically to indicate implicit approval of it.
Utter, Brachtenbach, and Pearson, JJ., concur with Goodloe, J.