Frankenmuth Mutual Insurance v. Williams Ex Rel. Stevens

CHEZEM, Judge,

concurring in result.

I concur in result because information such as a subpoena duces tecum and a non-party request for production of documents should serve to put an insurance company on alert that further investigation is warranted when the caption of the parties includes the name of their insured.

The material undisputed facts show that Frankenmuth received a subpoena duces tecum and a non-party request for production of documents bearing the name of Michael and Betty White, Frankenmuth policyholders, and the party suing them. Approximately one month after receiving *467these documents, Frankenmuth sent a letter to the Whites’ attorney stating that it may not have a duty to defend “if a suit is filed.” The letter also asked the attorney to send Frankenmuth a copy of the suit if one was filed. The attorney never sent a copy of the suit against the White’s to Frankenmuth. It was not until Betty White had settled the suit with respect to the claim against her, and the plaintiff agreed to seek payment from Franken-muth, that Frankenmuth specifically learned of the complaints against the Whites.

I would find that the documentation was sufficient to alert an insurance company that investigation may be necessary. I would also find that Frankenmuth met their obligation to investigate when it sent the letter to the Whites’ attorney, requesting a copy of any lawsuit filed against their insured.