Burgess v. American Fidelity Fire Insurance

This matter is before the Court on leave granted to appeal from an order of the Circuit Court affirming a Common Pleas judgment in favor of plaintiff in a garnishment action.

Facts

On May 25, 1975, plaintiff was involved in an automobile accident when her vehicle was struck by a vehicle owned and operated by Augustus Thomas Duncan. At the time of the accident, Mr. Duncan carried automobile insurance with American Fidelity Fire Insurance Company,

Plaintiffs attorney discussed the claim with defendant insurance carrier on several occasions prior to commencement of suit.

On February 16, 1977,…