Livingston v. Auto Owners Ins. Co.

This is an appeal from a summary judgment entered in favor of Auto Owners Insurance Company (hereinafter "Auto Owners") on Wanda Livingston's claim for damages based on an alleged bad faith failure to pay benefits under a fire insurance policy. Mrs. Livingston's claim based on breach of contract was settled shortly before trial when Auto Owners stipulated that she was entitled to a judgment as a matter of law on that claim. We reverse and remand.

Viewed most favorably to the plaintiff, the evidence before the court on the summary judgment motion would suggest the following facts:

In 1983, Wanda…