policy, his claim for attorney's fees depends upon whether Auto-Owners acted in bad faith in denying coverage to Learman. "Proof of bad faith is defined as clear and convincing evidence which establishes the insurer had knowledge that there was no legitimate basis for denying liability." Ind. Ins. Co. v. Plummer Power Mower & Tool Rental, Inc., 590 N.E.2d 1085, 1093 (Ind.Ct.App. 1992). The trial court found that "there is no evidence that Auto-Owners acted in bad faith in denying coverage to Lear-man." Appellant's Appendix at 48. Lear-man points to no evidence of bad faith on the part of Auto-Owners and our review of the record, likewise, reveals no such evi dence. Thus, the trial court's finding and judgment on this issue are not clearly erroneous. See, e.g., Mikel, 644 N.E.2d at 172 (<HOLDING>). For the foregoing reasons, we reverse the
holding that an insurance policy providing that the insurance company would pay all reasonable expenses incurred by the insured at our request emphasis omitted did not establish an agreement that the insurer would cover attorney fees and costs to the insured in a declaratory action holding that when the insured brings an action for a declaration of coverage and prevails absent a bad faith denial of coverage by the insurer attorneys fees incurred by the insured in the prosecution of that action are not incurred at the request of the insurer holding that insured may recover attorneys fees from insurer where insurer acts in bad faith holding despite a reservation of rights that when the insurer provides a defense to its insured the insured has no right to interfere with the insurers control of the defense and a stipulated judgment between the insured and the injured claimant without the consent of the insurer is ineffective to impose liability upon the insurer holding that insured may recover from its insurer any attorney fees incurred in successfully attempting to force the insurer to defend an action against the insured