Kramer, S. v. Nationwide Insurance, Aplt.

Summary

Justice Dougherty concurred in much of the majority's reasoning but emphasized that the dispute is better characterized as one of timeliness rather than waiver. The concurrence agreed that the parents must seek nunc pro tunc permission to challenge the intermediate appellate court's treatment of the controlled-substances exclusion, while cautioning that such relief is extraordinary. It further stated that the broader applicability of the protective-cross-appeal rule in discretionary appeals should be left for a future case.