Ranger County Mutual Insurance Co. v. Guin

I dissent. The court has misapplied the Stowers Doctrine in several respects. First, the court has erroneously expanded the doctrine to include all aspects of agency law. Second, an unconditional offer to settle is a necessary prerequisite to an insurer’s liability in a Stowers suit. The offer to settle in this case was conditional, thereby relieving Ranger from liability under Stowers,1

I. The Stowers Doctrine.

The court holds that an insurer can be liable under Stowers for negligence other than negligence in failing to settle a claim within the policy limits. This is an incorrect statement of…