Tholen

By a first amended complaint, plaintiff Safeco Insurance Company of America (insurer, and hereinafter referred to as Safeco), sought damages against defendants Charles D. Tholen, his wife Betty Lee Tholen, and Kerry Tholen, the daughter of Charles (insureds) for breach of a contract of insurance for not protecting Safeco’s subrogation rights after the insureds had obtained a judgment in a United States District Court in Alabama. That judgment awarded damages to the three Tholens by reason of an automobile accident in Alabama. This accident involved a collision of three automobiles—an automobile occupied by the Tholens, an automobile operated by Harvis Carney, an uninsured motorist, and an automobile operated by Cathrene E. Greenhaw, a motorist insured by State Farm Mutual Insurance Company.

Safeco also sought damages against defendants Randall H. Kennon and Tyre & Kamins, who were attorneys for the Tholens in the Alabama action, on the theory that these defendants interfered with the contractual rights of Safeco against the Tholens.

A general demurrer of defendant attorneys was sustained by the trial court to Safeco’s first amended complaint without leave to amend. On…