FLAHERTY, Justice, dissenting. I dissent. Until today an insurance company on the facts pleaded in this case has had no fiduciary duty to an insured, even when it advised its insured that he does not need a lawyer. But if, under the guise of “fair dealing and good faith,” we are now to decide that insurance companies have a fiduciary duty to advise of every possible claim, surely insurance companies wil…
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