Opposing parties in a dispute over an insurer’s duty to defend insureds in a wrongful death suit agreed on one thing during oral arguments before Pennsylvania’s justices Tuesday: The lower court’s ruling in the matter was off-topic.

Bennett, Bricklin & Saltzburg’s Nicholas Cummins, who represents the defendant, and High Swartz’s Kevin Cornish, who represents the plaintiff, both used the word “peculiar” to describe the Superior Court ruling that gave rise to the appeal.