Legal Opinion
Carter v. Pioneer Mutual Casualty Co.
Ohio Supreme Court
Decided July 8, 1981No. 80-1259PublishedCited by 24 opinions
1Opinion of the CourtLocher, J.
Appellants, in their sole proposition of law, assert, in essence, that an excess judgment may be recovered from an insurer by an insured’s estate or its assignee for “bad faith” despite the insolvency of the estate.
We find merit in this contention.
Traditionally, there have been two schools of thought concerning the imposition of liability upon an insurer for failing to exercise good faith which results in an excess judgment against the insured.
An increasing majority of jurisdictions have adopted the “judgment rule,” which advocates the reasoning that an entry of judgment in excess alone is…
2Cases cited22 opinions
- Gray v. Nationwide Mutual InsuranceSupreme Court of Pennsylvania · 1966
- Brown v. Guarantee InsuranceCalifornia Court of Appeal · 1957
- Harvey Thomas Smoot, Jr. v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1962
- Southern Fire & Casualty Co. v. NorrisCourt of Appeals of Tennessee · 1952
- Hernandez v. Great American Insurance Co. of New YorkTexas Supreme Court · 1971
17 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Kenneth M. Romstadt v. Allstate Insurance CompanyCourt of Appeals for the Sixth Circuit · 1995
- MEDICAL MUTUAL LIABILITY INS. SOC. OF MARYLAND v. EvansCourt of Appeals of Maryland · 1993
- Thurston v. Continental Casualty Co.Supreme Judicial Court of Maine · 1989
- Vernon Gray v. Grain Dealers Mutual Insurance Co.Court of Appeals for the D.C. Circuit · 1989
- Nunn v. Mid-Century Insurance Co.Supreme Court of Colorado · 2011
19 more not listed; retrieve them via the Exa API.