Old Republic Insurance v. FSR Brokerage, Inc.

Opinion

CURRY, J.

Following a bench trial, the trial court concluded that appellant Old Republic Insurance Company (hereafter Old Republic) had not secured a right of reimbursement against respondent FSR Brokerage, Inc., doing business as Fred Sands Realtors (hereafter FSR). Subsequently, a jury found that Old Republic had engaged in bad faith by asserting a claim for fraud against FSR. We reverse the trial court’s ruling on Old Republic’s right of reimbursement, reverse the judgment on FSR’s bad faith claim, and remand for further proceedings. In so ruling, we conclude that a bad faith claim…