Murphy v. Allstate Insurance

Opinion

CLARK, J.

Having received only partial satisfaction of her judgment against the insured tortfeasor, plaintiff seeks the balance from the insurer for refusing settlement within policy limits. However, there being no allegation the insured assigned his cause of action for breach of the covenant to settle, the trial court granted judgment on the pleadings in favor of the insurer, and plaintiff appeals. We affirm the judgment.

The complaint alleges plaintiff sued Pollard—insured by Allstate Insurance Company—for wrongful death of her nine-year-old son. Allstate rejected settlement demands of…