Traylor v. Wachter

The opinion of the court was delivered by

McFarland, J.:

On December 20, 1973, automobiles owned and driven by plaintiff Marcia A. Traylor and defendant Millard A. Wachter collided in Wichita, Kansas. Defendant Emcasco Insurance Company is the insurer of Mr. Wachter. In April, 1975, plaintiff filed suit seeking:

Count 1 — compensatory damages against Wachter for the collision; and

Count 2 — compensatory and punitive damages against both Wachter and Emcasco for alleged tortious conduct in the handling of her claim.

On trial the jury awarded plaintiff the following: Count 1 — $55,000 compensatory…