Lennar Corp. v. Transamerica Insurance

OPINION (As Modified)

JOHNSEN, Judge.

¶ 1 The insurers in this appeal argue we should affirm their summary judgment on the insured’s claim for breach of the covenant of good faith and fair dealing because the insurers sought a declaratory judgment on coverage and obtained a ruling, later reversed, in their favor. We reverse because questions of material fact prevent summary judgment in the insurers’ favor. We also hold that under the circumstances presented, an insurer that seeks a judicial interpretation of a disputed policy term may not ignore its elaims-handling responsibilities while the…