Tyson v. Casualty Corp. of America, Inc.

REYNOLDS, Presiding Judge.

The insured brought this action in contract against his insuror for its alleged bad faith failure to settle a personal injury action within the limits of the policy of insurance. A judgment had been recovered against the insured for $18,375 over and above the $5,000 policy limit. The insuror’s special demurrer was sustained on the ground that the insured’s remedy was in tort, subject to a two year statute of limitations, and his action was not filed until two years, nine months after judgment had become final in the personal injury action. The insured, plaintiff…