Twin City Fire Insurance v. Burke

OPINION

FELDMAN, Justice (retired).

¶ 1 This matter arises from a bad faith action brought by an excess liability insurer against the primary carrier for the latter’s failure to settle a wrongful death case within the primary carrier’s policy limit. Over objections as to the attorney-client privilege, the trial judge granted a motion to compel the excess insurer to produce certain documents and respond to interrogatories pertaining to monitoring and evaluation of the wrongful death claim by its lawyers. The court of appeals declined to accept jurisdiction of the excess carrier’s petition for…