viewing nonwaiver clause as one factor to consider in waiver determination
How later courts described this case
- viewing nonwaiver clause as one factor to consider in waiver determination
- narrow exception to general rule — not applicable here — allowing inferences to be construed against nonmoving party
Written by the judges who cited it.
The opinion
McFADDEN, Justice,
concurring.
I concur in the conclusion reached, but my concurrence is not to be considered as approval of the discussion of the case of Moss v. Mid-America Fire & Marine Ins. Co., supra. In regard to that last mentioned case I continue to adhere to my views expressed in my dissent therein.