Legal Opinion
Allstate Insurance v. Axsom
Indiana Court of Appeals
Decided July 15, 1998No. 54A05-9704-CV-124PublishedCited by 24 opinions
1Opinion of the Court
RUCKER, Judge.
This is an interlocutory appeal from the trial court’s ruling on a motion to dismiss. We address the following restated issue: where a party assigns its right to pursue a claim for failure to settle in good faith, are the punitive damages and attorney’s fees requested as a part of the claim also assignable.
The essential facts are these. On October 11, 1991 Larry Link (“Link”) and Jason Ax-som (“Axsom”) were involved in an automobile/motorcycle collision. Axsom sustained serious injuries and filed suit against Link alleging that Link’s negligence caused Ax-som’s injuries. Link…
2Cases cited14 opinions
- Erie Insurance v. Hickman Ex Rel. SmithIndiana Supreme Court · 1993
- Murphy v. Allstate InsuranceCalifornia Supreme Court · 1976
- Picadilly, Inc. v. RaikosIndiana Supreme Court · 1991
- Miller Brewing Co. v. Best Beers of Bloomington, Inc.Indiana Supreme Court · 1993
- Clearwater v. State Farm Mutual Automobile InsuranceArizona Supreme Court · 1990
9 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Cheatham v. PohleIndiana Supreme Court · 2003
- Boczar v. Meridian Street FoundationIndiana Court of Appeals · 2001
- Crabtree Ex Rel. Kemp v. Estate of CrabtreeIndiana Supreme Court · 2005
- Midtown Chiropractic v. Illinois Farmers Insurance Co.Indiana Supreme Court · 2006
- INS Investigations Bureau, Inc. v. LeeIndiana Court of Appeals · 1999
19 more not listed; retrieve them via the Exa API.