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2628 REVIEW DENIED After a federal court reached a conclusion based on two findings, but the federal Court of Appeals affirmed on the basis of only one of those findings, issue preclusion applies only to the finding approved by the federal Court of Appeals; an insurance agent has a duty to act reasonably in procuring the insurance requested by an insured, and a duty to inform the insured when this has not been done, which duty overcomes any duty the insured has to read the policy; the statute of limitations in an action against an insurance carrier based on its refusal to defend begins to run when the carrier refuses to defend.CitationBUTCHER v TRUCK INS EXCH (Malicious Prosecution Coverage) 77 CA4 1442 [See: US Const IV,1; Magnolia v Hunt 320 US 430; Desai v Farmers 47 CA4 1110, T/AT 9/96; Clement v Smith 16 CA4 39, T/AT 8/93; Downey v LMI 66 CA4 478, T/AT 10/98; InsC 533; Hadland v NN Investors 24 CA4 1578, T/AT 6/94; Westrick v State Farm 137 CA3 685; CCP 338; Budd v Nixen 6 C3 195]
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