Peterson v. American Family Mutual Insurance Co.

Otis, Justice.

This action is brought by the assignee of an insured motorist to recover from the insurer the amount of a verdict in excess of the policy limits, for which the assignee claims the insurer is liable by reason of its bad faith in failing to settle a claim within the policy limits. The assignee was also the plaintiff in the original action and took an assignment of insured’s cause of action from the trustee in bankruptcy proceedings instituted by the insured. The assignee appeals from summary judgment rendered in favor of defendant insurer. The issue is whether the record requires…