Gunderson v. Fire Insurance Exchange

Opinion

MERRILL, J.

Gordon and Vera Gunderson appeal from a grant of summary judgment in their action against respondent Fire Insurance Exchange for breach of their insurance contract and tortious bad faith, arising out of respondent’s denial of appellants’ tender of the defense of a third party lawsuit. Appellants contend that the trial court erred in granting summary judgment in respondent’s favor because there were triable issues of material fact concerning respondent’s duty to defend appellants in the underlying lawsuit on the basis of a potential for coverage under the policy. For the…