Safeco Insurance Co. of America v. Barnes

This declaratory judgment action by plaintiff Safeco Insurance Company of America (Safeco) concerns Safeco’s handling of a personal injury claim against its insured, defendant Kubalek. The primary issues are the applicability of certain exclusions in Kubalek’s homeowner’s policy and the viability of Kubalek’s breach of fiduciary duty and negligence counterclaims against Safeco. Kubalek appeals from a summary judgment, entered in favor of Safeco, which disposed of both Safeco’s claims and Kubalek’s counterclaims. We affirm in part and reverse in part.

In early May 1991, Kubalek made repairs to…