Barney

Introduction

Frank Barney (plaintiff) as executor of the estate of Ethel Barney, deceased, appeals from a judgment of dismissal on the pleadings, granted without leave to amend, in favor of defendant and respondent Aetna Casualty and Surety Company (Aetna). Judgment was granted on the ground the complaint does not state a cause of action against Aetna for either breach of the covenant of good faith and fair dealing or civil conspiracy to commit legal malpractice.

Statement of Facts

In May 1972, Aetna issued to Ethel Barney an assigned risk automobile liability policy which provided that Aetna would “pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of: . . . injury to or destruction of property, . . . arising out of the ownership, maintenance or use of the owned automobile or any non-owned automobile, and the Company shall defend any suit alleging such bodily injury or property damage and seeking damages which are payable under the terms of this policy, . . . but the Company may make such investigation and settlement of any claim or suit as it deems expedient. ”

On September 11, 1972, Ethel Barney was…