Lange v. Fidelity & Casualty Company of New York

Rogosheske, Justice.

The issues on this appeal from a judgment are whether the trial court erred (1) in finding that defendant, Fidelity & Casualty Company of New York, acted in “bad faith” in refusing to settle a personal-injury action against its insured for the limits of its automobile liability policy; and (2) in determining that plaintiff, a receiver appointed in statutory proceedings supplementary to execution of a deficiency judgment against the insured, is entitled to assert the claim against defendant insurer despite the insured’s refusal to do so.

On October 29,1959, defendant’s…