Traylor v. Colonial Insurance Co. of California

¶ 10. I respectfully dissent. The sole issue left alive in this proceeding is the bad faith claim asserted by the Traylors against Colonial. At some previous point in this dispute, there may have been a legitimate justiciable issue as to whether the Traylors’ accident was covered by either one of two Colonial policies issued to the Traylors. Even so, however, there is no arguable basis to conclude that the issue of coverage under either policy was so clearly in the Traylor’s favor that Colonial’s persistence in denying coverage was an act of bad faith.

¶ 11. The facts necessary to show that…