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COMM. UNION INS. CO. v. LIBERTY MUTUAL INS. CO.

Docket Nos. 75089, 75090, (Calendar No. 15).

426 Mich. 127 (1986)

393 N.W.2d 161

COMMERCIAL UNION INSURANCE COMPANY v. LIBERTY MUTUAL INSURANCE COMPANY

Supreme Court of Michigan.

Decided September 17, 1986.

Attorney(s) appearing for the Case

Law Offices of Franklin, Petrulis, Bigler, Berry & Johnston, P.C. (by Bruce W. Franklin, J. Steven Johnston, and Richard R. Danforth), for the plaintiff.

Kohl, Secrest, Wardle, Lynch, Clark & Hampton (by Konrad D. Kohl and Michael L. Updike) for the defendant.

ARCHER, J.

Plaintiff, an excess insurance carrier, filed an equitable subrogation action in the Oakland Circuit Court against defendant, a primary insurance carrier. Plaintiff alleged that defendant's failure to negotiate a settlement in a case against their mutual insured constituted bad faith pursuant to City of Wakefield v Globe Indemnity Co, 246 Mich. 645; 225 N.W.2d 643 (1929), thereby causing plaintiff to be exposed to risk. A jury found no cause of action...

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