Legal Opinion
Wade v. Emcasco Insurance
Court of Appeals for the Tenth Circuit
Decided April 10, 2007No. 05-3044, 05-3054PublishedCited by 223 opinions
1Opinion of the Court
McCONNELL, Circuit Judge.
It is well settled in Kansas that an insurance company owes to its insured a duty to act in good faith and without negligence in the settlement of third-party claims. When an insurer negligently or in bad faith declines a settlement offer within the policy limits, takes the case to trial, and a verdict is rendered against the insured in excess of policy limits, the insurer is liable to the insured for the excess judgment. See Bollinger v. Nuss, 202 Kan. 326, 449 P.2d 502, 508 (1969). This case involves the application of this principle to an insurer’s delay in…
2Cases cited33 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Huddleston v. DwyerSupreme Court of the United States · 1944
- Wankier v. Crown Equipment Corp.Court of Appeals for the Tenth Circuit · 2003
- Scott Peckham v. Continental Casualty Insurance Co., Scott Peckham v. Continental Casualty Insurance Co.Court of Appeals for the First Circuit · 1990
- Pavia v. State Farm Mutual Automobile InsuranceNew York Court of Appeals · 1993
28 more not listed; retrieve them via the Exa API.
3Cited by223 opinions
- Sinclair Wyoming Refining v. A & B BuildersCourt of Appeals for the Tenth Circuit · 2021
- Schrock v. Wyeth, Inc.Court of Appeals for the Tenth Circuit · 2013
- Yanise Germain v. Teva Pharmaceuticals, USA, IncCourt of Appeals for the Sixth Circuit · 2014
- Coll v. First American Title InsuranceCourt of Appeals for the Tenth Circuit · 2011
- Specialty Beverages, L.L.C v. Pabst Brewing Co.Court of Appeals for the Tenth Circuit · 2008
218 more not listed; retrieve them via the Exa API.