Northwestern Mut. Ins. Co. v. Farmers Ins. Group

Opinion

KAUFMAN, J.

—This appeal presents two questions apparently not heretofore confronted by the appellate courts of this state; (1) whether a permissive user of an automobile who is an insured under the omnibus clause of the vehicle owner’s liability insurance policy has a right of action against the owner’s insurer for its bad faith refusal to effect settlement within its policy limits, and (2) if so, whether the permissive user’s automobile liability insurer, whose coverage constitutes excess insurance, may recover from the owner’s insurer, whose coverage constitutes the primary…