Lindsey Financial, Inc. v. American Automobile Ins
Plaintiffs and appellants, Lindsey Financial, Inc. and its owner, William Lindsey (collectively Lindsey), purchased a “Life Insurance Agents Errors and Omissions” policy of insurance from defendant and respondent, American Automobile Insurance Company (AAIC). Lindsey’s clients, the Walkers, paid Lindsey $115,000 for financial planning advice and sued Lindsey after they discovered the Internal Revenue Service had identified Lindsey’s recommended financial plan as a tax avoidance scheme. AAIC refused to indemnify or defend Lindsey against the Walker complaint.
In this action, Lindsey sued AAIC for (1) breach of the AAIC policy and (2) breach of the covenant of good faith and fair dealing, or bad faith. The trial court granted AAIC’s motion for summary judgment and entered judgment in favor of AAIC. Lindsey appeals, claiming AAIC had a duty to indemnify and defend Lindsey against the Walker complaint. We affirm.
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