Interstate Fire & Casualty Co. v. Archdiocese of Portland ( 1993 )

UNIS, J.,

concurring in part and specially concurring in part.

I join in those portions of the opinion of the court that hold that the real question presented by this case is one of interpretation of the pertinent insurance contract and that the actual interpretation of that contract is a matter for the certifying court, not this court. I write separately to note my reservation on one point: The majority cites Hoffman Construction Co. v. Fred S. James & Co., 313 Or 464, 836 P2d 703 (1992), as the template for the insurance contract analysis that the certifying court will be required to conduct. I did not participate in the Hoffman Construction decision, and I have reservations about its analysis. Those reservations are not pertinent to the court’s disposition of this case, however. I simply wish to note that, in some future case implicating the Hoffman Construction analysis, I reserve the right to urge the court to consider an alternative analytical approach.

With the foregoing qualification, I concur in the opinion of the court.