Barney v. Aetna Casualty & Surety Co.

Opinion

SPENCER, P. J.—

Introduction

Frank Barney (plaintiff) as executor of the estate of Ethel Barney, deceased, appeals from a judgment of dismissal on the pleadings, granted without leave to amend, in favor of defendant and respondent Aetna Casualty and Surety Company (Aetna). Judgment was granted on the ground the complaint does not state a cause of action against Aetna for either breach of the covenant of good faith and fair dealing or civil conspiracy to commit legal malpractice.

Statement of Facts

In May 1972, Aetna issued to Ethel Barney an assigned risk automobile liability policy which…