Willis Corroon

3 ) Count Three alleged that Willis Corroon , as MBI's insurance agent , negligently failed to provide notice of the Lowman action to Aetna. ( 5 ).

4 ) Count Four asserted that Aetna , acting thorough counsel wrongfully disclosed and unnecessarily publicized confidential communications between MBI and counsel appointed by Aetna to defend MBI. In Count Four , MBI also asserted : In defending MBI pursuant to a reserva-tion of rights , Aetna is obligated to act under an `enhanced obligation of good faith , ' which enhanced obligation of good faith has been violated by Aetna's wrongful disclosure of the above-described information. In addition , MBI sought compensatory damages in an amount sufficient to compensate MBI for its losses and injuries to be proven at trial ; and imposing punitive damages in an amount sufficient to punish Aetna and deter similar wrongful conduct in the future..

After a bench trial , the trial judge held that Aetna breached its obligation of enhanced duty of good faith to the insured and awarded compensatory and punitive damages.His order reads , in pertinent part , as follows :.

ORDER
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5. The trial court found for Corroon , stating : With respect to the Plaintiffs' claims against the Defendant Willis-Corroon , the Plaintiffs have expressly waived any attorneys fees incurred by them and have no other damages which they may recover against that Defendant.Therefore , it is not necessary for the Court to consider the negligence claims against Willis-Corroon. MBI did not appeal from this ruling.

6. Cole's firm was retained by Aetna to defend MBI in a case alleging sexual harassment.MBI did not learn of Cole's conflict of interest until after the action sub judice was filed.

7. Only Aetna appealed from the trial court's final order.