Barton v. Capitol Preferred Insurance Co.

Sandra and Gregory Barton appeal the final summary judgment entered in favor of Capitol Preferred Insurance Company, Inc., on the Bartons’ first-party bad-faith complaint. In granting Capitol’s motion for summary judgment, the trial court found that by accepting Capitol’s proposal for settlement on their underlying breach of contract claim for an amount less than the policy limits, the Bartons had failed to obtain a determination of liability or the extent of their damages. We disagree and, accordingly, reverse.

Capitol provided homeowners’ insurance to the Bartons from April 28, 2003, through…