Linkenhoger v. American Fidelity & Casualty Co.

Petitioner, Linkenhoger, sued respondent, American Fidelity & Casualty Company, under the theory of liability pronounced in the Stowers case. (1) It was alleged that in a former personal injury suit tried in 1948, (Linkenhoger v. Gilbert, 223 S. W. 2d. 308), the respondent-insurer, under a standard automobile liability policy undertook control of Linkenhoger’s defense to the suit brought by Gilbert; that while in control of such defense respondent negligently rejected a number of reasonable settlement offers within the policy limits, with the result that Gilbert obtained judgment against…