The decision in the case of Bryant v. Old Republic Ins. Co., 6 Cir. No. 20,109, decided October 2, 1970, 431 F.2d 1385, having issued during the pendency of this appeal, and it appearing that the decision therein is controlling of the only issue presented in this appeal, the judgment below is reversed and the cause is remanded for further proceedings consistent with the opinion in Bryant, supra.

Reversed and remanded.

(dissenting) ;

I respectfully dissent from the opinion of the court for the reason stated in the dissenting opinion of Chief Judge Phillips in Bryant v. Old Republic Ins. Co., 6 Cir., No. 20,109, decided October 2, 1970, 431 F.2d 1385.