Prichard v. Liberty Mutual Insurance

Opinion

SILLS, P. J.

I. Summary

Procedurally, this liability insurance bad faith action comes to us contorted as a sheepshank knot. Some unraveling is necessary.

The trial court filed a judgment ruling:

—The insurer had a duty to defend the underlying “mixed action” to the end;

—The insurer breached its duty to defend by trying to reserve its rights to obtain reimbursement of attorney fees expended in an appeal of the underlying action even though the insurer, in conjunction with another insurer, had paid for the defense of the underlying action;

—The insurer was estopped to assert its rights to…