Members Mutual Insurance Company v. Blissett

I cannot bring myself to a concurrence in the action of the court in this case. This court has clearly recognized, at least since Home Indemnity Company v. Snowden, 223 Ark. 64, 264 S.W. 2d 642,1 that a liability insurance company, which has virtually absolute control of settlement of a claim against its insured, at least when a settlement can be made by a payment within the policy limits, owes a duty to the policyholder to act in good faith and without negligence. I cannot subscribe to the unsound theory that an insurer should be liable for errors in judgment or want of the clairvoyance…