Butcher v. Truck Insurance Exchange

Opinion

DAU, J. *

Insureds, facing suit for malicious prosecution, turned to their insurer for a defense, having years before instructed the insurer’s agent to duplicate the. coverage of a policy containing that protection. When the defense was denied, because the coverage was not in the policy that was issued and later renewed, the insureds sued. Insureds produced evidence that the insurer’s agent misled them into believing he had delivered a policy duplicating the coverages (including coverage for malicious prosecution) of an insurer whose policy was not being renewed. The trial court granted…