Allstate Insurance v. Campbell

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that “if a liability insurer acts improperly in defending the insured it may become liable [in tort] to the insured”
• recognizing that “if a liability insurer acts improperly in defending the insured it may become liable [in tort] to the insured for the amount of judgment obtained against the insured which is in excess of the policy limits”
• stating that bad faith failure-to-settle claim was not applicable “to a failure to settle initially which is followed by a settlement by the insurer and full release of the insured” within policy limits
• “Sitting as an appellate court we, of course, cannot make findings of fact that would allow us to decide the issue on the merits.”
• damages for breach of the duty to defend are the “expenses, including attorney fees, incurred by the insured in defending a suit”
• “[T]he duty to defend is a contractual obligation.. As such, it cannot be extended beyond the terms of the contract.”

Source: CourtListener parenthetical corpus (CC0).