Listing state supreme courts reaching this conclusion
Again, however, that analysis is best left to a case properly developed through the adversarial process. Sandberg v. American Family Ins. Co., 2006 ND 198, ¶¶ 19–21, 722 N.W.2d 359 (Crothers, J., concurring specially). [¶ 42] DANIEL J. CROTHERS