Evans v. Mutual Assur., Inc.

Dr. Owen B. Evans filed an action in the Circuit Court of Jefferson County against Mutual Assurance, Inc., his medical-malpractice insurer, alleging that Mutual Assurance had, in bad faith or negligently, failed to settle a medical-malpractice wrongful-death action that had been filed against him in the Circuit Court of Mobile County. Dr. Evans also alleged that Mutual Assurance had committed the tort of outrage. After the conclusion of the underlying malpractice action, the Jefferson Circuit Court entered a judgment on the pleadings on Evans's failure-to-settle claim, holding that because in…