Hamilton v. State Farm Mutual Automobile Insurance

(dissenting) — I agree the trial court was required to submit this case to the jury on the issues of *189negligence and want of good faith in the sense required. When an insurer, in conformity with its liability insurance policy, takes over the insured’s defense of a claim insured against, the claim being for an amount in excess of policy limits, the insurer must exercise “ ‘that degree of skill, judgment, and consideration for the welfare of the insured which it, as a skilled professional defender of lawsuits having sole charge of the investigation, settlement, and trial of the suit’ ” would be…