Farmers Insurance Co. V. Romas

The trial court found that Farmers Insurance Company had no duty to defend the Jeff Paradiso Estate against claims brought by its named insured that Mr. Paradiso was the driver at the time of the accident. The Estate brought a wrongful death action against Michael Romas as the named insured claiming that he was driving at the time of the accident. Farmers filed an interpleader action; deposited the full liability limits with the registry of the court; and obtained a release from its named insured, Mr. Romas, stating that Farmers had no duty to defend him in any further litigation regarding who was driving and who was the proper recipient of the funds. The Paradiso Estate contends Farmers had a duty to defend the allegations that Mr. Paradiso was the driver causing personal injuries to Mr. Romas. The trial court granted summary judgment to Farmers finding there was no duty to defend and Farmers did not act in bad faith in denying a duty to the Paradiso Estate. The Estate appeals.