Myers v. Robertson

OPINION

MOORE, Chief Justice.

I. Introduction

This intra-family lawsuit arises from the accidental death of a thirteen year old boy, Sidney Robertson, Jr. The minor’s estate, along with the child’s brother Stephen (the “Estate”), sued the boys’ parents, Sidney Robertson, Sr. and Terri Robertson (“the Robertsons”), on a theory of negligence. The parents’ insurer, Allstate Insurance Co. (“Allstate”), appointed counsel to defend the Robertsons. However, based on Allstate’s belief that the Robertsons’ true interest was in losing the lawsuit so that they could recover the insurance proceeds paid to…