(concurring and dissenting):
I concur in vacating the summary judgment and remanding the case for trial. However, we should not compound the er*866ror of the trial court by ruling on the issue of liability as a matter of law. Rather, and as urged by the appellant, I am of the opinion that material issues of disputed fact exist pertaining to liability.1 Consequently, I would remand for the purpose of trial on both questions: liability and damages.
CROCKETT, C. J., concurs in the views expressed in the concurring and dissenting opinion of HALL, J.. Consisting of, but not necessarily limited to, part of the insurance company. waiver, estoppel, and breach of contract on the