Johnson v. First State Insurance
Opinion
Opinion
Gilbert, J.
A lawyer brings an action against his professional liability insurance carrier for failure to defend him in a malicious prosecution action. We hold there was no duty to defend where the malicious prosecution action arose from a conspiracy action the lawyer brought on his own behalf. We affirm.
Facts
Johnson and his firm were sued for malpractice by Underwriters at Lloyd’s of London, Orion Insurance Company, Ltd., Victoria Insurance Company, Ltd., Minster Insurance Company, Ltd., London and Overseas Insurance Company, Ltd., and Phoenix Insurance Company, Ltd. That action stemmed from allegedly negligent advice concerning the duty to defend in a wrongful death action.
Later Johnson brought an action against approximately 100 insurance and related companies. Included among the defendants were Rollins Burdick Hunter Company (Rollins), an insurance broker. The complaint alleged the malpractice action was part of a series of collusive lawsuits in furtherance of a conspiracy among the defendants to suppress and conceal the existence of insurance coverage.
Johnson was represented in the conspiracy action by the law firm of Grover A. Perrigue III. Johnson was also an employee…