Groce v. Fidelity General Insurance Company

Fidelity General Insurance Company, the defendant in these consolidated cases, challenges judgments entered upon verdicts in favor of two plaintiffs who brought actions as assignees of the defendant’s named insured. The plaintiffs previously had recovered judgments against the insured for damages in excess of his policy limits. There is also a cross appeal seeldng attorney fees.

The seven assignments of error on appeal present questions that will be discussed under two general subjects: (1) the assignability of the insured’s cause of action against his insurer for failure to act in good faith…