Haslam
Fireman's Fund Ins. Co. v. Haslam
Opinion
Opinion
Reardon, J.
When Joseph Miranda sued respondent Fireman’s Fund Insurance Company and its agent, appellant Edward J. Haslam, for negligence and bad faith, Fireman’s Fund settled with Miranda for $1,050,000 and cross-complained against Haslam for indemnity. In a special verdict, the jury held Haslam liable to Fireman’s Fund for the full amount of this settlement. After Haslam’s posttrial motions were denied, judgment was entered consistent with the jury’s verdict. Haslam appeals, contending that (1) an insurer cannot state a cause of action for indemnity against an insurance broker for extracontractual damages paid in settlement of the insurer’s bad faith claims; (2) even if an insurer can state such a cause of action, public policy considerations preclude application of this doctrine; (3) the trial court should have determined as a matter of law that Miranda’s policy was terminated by mutual agreement rather than sending this issue to the jury; and (4) the court erred by admitting evidence of Haslam’s insurance and of an opinion rendered by Fireman’s Fund’s counsel stating that Haslam was negligent. We affirm the judgment.