K2 Investment Group, LLC v. American Guarantee & Liability Insurance

Tom and Andrias, JJ., dissent in part in a memorandum by Andrias, J., as follows:

I agree with the majority that plaintiffs failed to establish a prima facie case of bad faith based upon defendant’s alleged gross disregard of its insured’s interests. However, I disagree with the majority’s position that the policy exclusions relied on by defendant are “patently” inapplicable. Therefore, I dissent from the majority’s affirmance of the judgment in plaintiffs’ favor on the causes of action to enforce the default judgment in the underlying action, and would deny all parties summary judgment as to…