Insurance Corp. of America v. Webster

I withdraw my previous dissenting opinion and substitute this one.

I dissent. The majority holds that ICA cannot be held negligent or grossly negligent under the Stowers doctrine because it did not receive an unconditional offer from Donna Zabodyn’s attorneys. In my view, the November 27, 1985, letter from Benton Mussle-white to John Marshall constituted an unconditional offer to settle Zabodyn’s case within the policy limits. In light of the facts of this case, I would hold that ICA breached its Stowers1 duty by not accepting the November 27 offer.

I. Was there an unconditional offer?

The…