Talarico v. foremost Insurance Co‪.‬

The minor plaintiff and another youngster were playing by a fire in the minor plaintiffs backyard when the other youngster burned him. The minor plaintiff, through a guardian ad litem, filed a complaint for declaratory judgment and for damages in tort against his parents and their liability insurance carrier. The parents, in turn, cross-claimed against the insurer for damages alleging a bad faith refusal to defend them in the case. The trial court granted the insurers motion to dismiss all claims against it.