Banner Bank v. First American Title Insurance

KELLY, Circuit Judge.

Defendant-Appellant and Cross-Appellee First American Title Insurance Co. appeals from the district court's orders granting summary judgment in favor of and attorneys' fees to Plaintiff-Appellee and Cross-Appellant Banner Bank ("the Bank" 1 ). The district court held that First American had a duty to defend and indemnify its insured (the Bank), breached the implied covenant of good faith and fair dealing, and was responsible for attorneys' fees in this case. This resulted in an award of damages ($675,000) plus attorneys' fees in an underlying lawsuit ($159,288), and…