Legal Opinion
Besel v. Viking Insurance
Washington Supreme Court
Decided July 18, 2002No. 71071-6PublishedCited by 81 opinions
1Opinion of the CourtJohnson, J.
— This case involves the issue of whether a covenant not to execute a judgment against an insured *733precludes a showing of harm where the insured has settled a claim his insurance company refused in bad faith to settle. We are farther asked to determine whether such a settlement amount is the proper measure of damages when a trial court approves it as reasonable. We hold a covenant not to execute does not preclude a showing of harm to the insured and a settlement approved as reasonable is the proper measure of damage caused by an insurance company’s bad faith.
FACTS
On August 18, 1990, Mark…
2Cases cited16 opinions
- Safeco Insurance Co. of America v. ButlerWashington Supreme Court · 1992
- Prier v. Refrigeration Engineering Co.Washington Supreme Court · 1968
- Kirk v. Mount Airy InsuranceWashington Supreme Court · 1998
- Kirk v. Mt. Airy Ins. Co.Washington Supreme Court · 1998
- Coventry Associates v. Am. States Ins. Co.Washington Supreme Court · 1998
11 more not listed; retrieve them via the Exa API.
3Cited by81 opinions
- Truck Ins. Exchange v. VanPort Homes, Inc.Washington Supreme Court · 2002
- Truck Insurance Exchange v. VanPort Homes, Inc.Washington Supreme Court · 2002
- St. Paul Fire and Marine Ins. Co. v. Onvia, Inc.Washington Supreme Court · 2008
- St. Paul Fire & Marine Insurance v. Onvia, Inc.Washington Supreme Court · 2008
- Besel v. Viking Ins. Co. of WisconsinWashington Supreme Court · 2002
76 more not listed; retrieve them via the Exa API.