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1015 REVIEW GRANTED In an insurer's action for a declaratory judgment as to coverage and for reimbursement of Cumis counsel fees, the insured can maintain a cross claim for bad faith; the litigation privilege of CivC 47 does not apply to an insurer's course of conduct, which included a suit against the insured for a declaratory judgment as to coverage and for reimbursement of Cumis Counsel fees.CitationWEST AMERICAN INS v FREEMAN (Bad Faith Cross Complaint) 37 CA4 1469 [See: Babb v SuperCt 3 C3 841; CivC 47; PG&E v Bear Stearns 50 C3d 1118; CCP 426.30]
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