Roberts v. United States Fidelity & Guaranty Co.

Francis E. Sweeney, Sr., J.

This court must determine whether the trial court properly made the following findings: (1) that USF&G did not act in bad faith in breaching the duty to defend Wikel; (2) that USF&G was entitled to a setoff; and (3) that Wikel was entitled to only $1.5 million in damages for USF&G’s breach of its duty to defend. For the following reasons, we'uphold the trial court’s determination that USF&G did not act in bad faith and, thus, we reverse that portion of the court of appeals’ judgment remanding this issue to the trial court for reconsideration. We reverse the court of…