concurring specially.
Although I agree with the majority that OCGA § 46-7-12 (e) is not violative of the Georgia Constitution’s guarantee of equal protection of the law, I am compelled to write separately to decry the majority’s unnecessary abandonment of precedent.
“Stability and certainty in law are desirable; stare decisis is a valid and compelling basis of argument. [Cit.]” Hall v. Hopper, 234 Ga. 625, 631 (216 SE2d 839) (1975). Barely a year has passed since the decision in Denton v. Con-Way Southern Express, 261 Ga. 41 (402 SE2d 269) (1991), was announced by this court. “[T]he doctrine of stare decisis seems to be less viable year by year.” Crumbley v. Solomon, 243 Ga. 343, 349 (254 SE2d 330) (1979) (Justice Bowles’ dissent). The haste with which Denton has been first disregarded (see Horton v. Hinely, 261 Ga. 863 (413 SE2d 199) (1992)) and now disapproved damages the reliability and credibility of this court’s decisions and adds to instability and uncertainty in the law.
Perhaps the doctrine of stare decisis is no longer in vogue, but is it not unsettling to the practicing bar to recognize the willingness of this court to alter its interpretation of [the constitution] as subsequent cases arise?
Spivey v. Whiddon, 260 Ga. 502, 505 (397 SE2d 117) (1990) (Justice Hunt’s dissent, in which Justice Fletcher joined).
I would further object to the court’s disapproval of Denton because the interpretation therein of Georgia’s equal protection guarantee is correct. As was pointed out there, it is contrary to our jurisprudence to presume that part of our constitution is meaningless. That is, however, exactly what the majority rules in this case, that the addition of the second sentence to Art. I, Sec. I, Par. II of the Constitution of the State of Georgia of 1983 changed nothing, meant nothing. As the majority correctly notes, the record does not explicitly explain what was intended by the drafters of the amendment or by those who voted for it. But that is exactly why there are so many cases exhorting *379us to seek the intent of a statute or constitution and to construe the law to support that intent. The decision in Denton was true to this court’s duty to interpret the constitution and it would behoove this court to adhere to that interpretation until and unless it becomes clear that it was mistaken.
Finally, the disapproval of Denton was not necessary to reach the correct result in this case. This is not a situation, such as that involved in Denton, in which one party is prejudiced by the injection of insurance into the case. As the majority correctly points out, the type of insurance policy involved here is not the usual indemnity against loss, but an obligation to which the insurer itself is properly held to answer. Thus, we do not have the statutory partiality toward defendants at the expense of plaintiffs which was objectionable in Denton. This case is, therefore, distinguishable from Denton, and is an inappropriate vehicle for abandoning the constitutional interpretation reached there.
Since I believe that the majority, though in error in its treatment of Denton and of Art. I, Sec. I, Par. II, Ga. Const. 1983, is correct in ruling that OCGA § 46-7-12 (a) does not violate the equal protection guarantees of the Georgia Constitution as interpreted in Denton, I concur in the affirmance of the trial court’s order.