Nungesser v. Bryant

The opinion of the court was delivered by

Beier, J.:

This case arises out of an auto accident in which plaintiff Jimmy L. Nungesser was seriously injured. It requires us to consider whether Kansas law permitted defendant Josh M. Bryant to pursue an action alleging negligent or bad faith failure to settle by his insurer, EMCASCO Insurance Company (EMCASCO), before his liability on Nungesser’s personal injury claim had been established.

The district court permitted Bryant’s claim against EMCASCO to go forward, and EMCASCO now appeals the determination that it must pay a $2 million consent judgment…