Fireman's Fund Insurance v. Rairigh

GETTY, Judge.

This is an appeal by Fireman’s Fund Insurance Company from the granting of a partial summary judgment in the amount of $1,000,000.00 and a jury verdict for $204,200.00 arising from appellant’s alleged “bad faith” in refusing to provide a defense to its insured under the terms of an excess policy of insurance issued by appellant. A cross-appeal filed by the appellees alleges error by the trial court in granting appellant’s motion for directed verdict on the issues of fraud and punitive damages.

FACTS

On March 30, 1978, six men — Robert Altimus, Wayne Rairigh, Jack Rockman, Robert…