Starke v. Allstate Insurance Co.

TURSI, Judge.

Plaintiffs in this wrongful death action appeal from an order of the district court releasing garnishee, Allstate Insurance Company, from liability for prejudgment interest. We reverse.

Plaintiffs’ spouse and mother were killed in an automobile accident. Allstate’s automobile liability policy covered the defendant tortfeasor. Within 10 days of the accident, Allstate tendered to the plaintiffs the policy limit for bodily injury ($100,000) in exchange for release of the defendant tortfeasor. The plaintiffs rejected the tender.

Plaintiffs filed this action for wrongful death and were…