Jacob Ennen v. Integon Indemnity Corporation, Gmac Insurance Management Corporation, Craig Allen, and Allen Law…

Summary

The court held that an additional insured under an automobile policy may sue the insurer for bad faith concerning underinsured-motorist benefits, even though the insured was adverse to the policyholder on the underlying liability claim. It upheld the finding that the insurer acted in bad faith, rejected the statute-of-limitations defense, and affirmed dismissal of the insurer's claim against the insured's attorney because the attorney was not a proximate cause of the harm. The court reversed the denial of damages and remanded for a damages award and attorney-fee determination. WINFREE, Justice, dissenting in part, would have reached the merits of whether the attorney could be included in fault allocation and would not have affirmed on the proximate-cause ground.