Moses v. Halstead

SEYMOUR, Circuit Judge.

Shelby Moses brings this appeal, asserting that the district court erred in its choice-of-law and state-law determinations. Ms. Moses requested a garnishment order, in Kansas, against Allstate Insurance Company (“Allstate”) for its alleged negligent or bad faith refusal to settle Ms. Moses’ claim against Chris Halstead, Allstate’s insured. The district court found for Allstate, concluding that Missouri law applies and requires an actual assignment to Ms. Moses by the insured of its claim against Allstate for its failure to settle, an assignment Ms. Moses does not have.…