Banks v. Chiffy

TURGEON, J„

On May 6, 1994, a jury rendered a verdict in favor of plaintiff Margaret Banks in the amount of $135,000 for injuries she sustained in a motor vehicle accident with defendant Adam Chiffy. Because of the $25,000 policy limit under defendant’s automobile policy with Nationwide Insurance Company, plaintiff commenced garnishment proceedings against Nationwide, as a garnishee, in order to enforce her excess judgment. Defendant’s legal representation at trial had been provided by Nationwide.

*342The plaintiff’s theory of recovery is that Nationwide acted in bad faith in failing to accept an…