Cedell v. Farmers Insurance

Alexander, J.**

¶23 (dissenting) —Although I agree with the majority that we should remand to the trial court for “further proceedings,” I disagree with its determination that these proceedings should be conducted consistent with the majority opinion. Majority at 690.1 reach that conclusion because the majority incorrectly determines that an insurer, like Farmers Insurance Company, is not entitled to the protections provided by the statutory attorney-client privilege in a bad faith action by a first-party insured. That, of course, is the position advanced by the petitioner here, Bruce Cedell.…