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Insurance – Auto – Breach of Contract – Tort/Negligence – Insured – Duty to Defend & Indemnify (access required)

Hartsel v. Selective Insurance Co. of South Carolina In his individual capacity and as personal representative for two estates, plaintiff filed suit against an auto insurance company, alleging breach of contract, breach of fiduciary duty, bad faith, improper claims practices, and negligence, all based on two underlying wrongful death lawsuits involving one of plaintiff's decedents, Bennett. Plaintiff was not a party to the auto insurance policy at issue, and only one of his decedents - Mary - was. Mary had no interest in the underlying lawsuits, other than as a beneficiary of Bennett's estate; therefore, plaintiff did not state viable claims against the defendant-insurer.

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