Bollinger v. Nuss

How courts have described this case

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

• holding “the insurer, in defending and settling claims against its insured, owes to the insured the duty not only to act in good faith but also to act without negligence”
• in garnishment proceeding injured party steps into shoes of insured party and Court analyzes claim as if insured party was bringing claim
• a duty is imposed on the carrier to communicate to the insured the results of any investigation indicating liability in excess of policy limits so that he may take proper steps to protect his own interests
• The rationale for the common-law duties of reasonable care and good faith is to address the conflict of interest that exists when a claim exceeds policy limits.
• “[T]he insurer, in defending and settling claims against its insured, owes to the insured the duty not only to act in good faith but also to act without negligence.”
• a duty is imposed on the carrier to communicate to the insured the results of any investigation indicating liability in excess of policy limits so that he may take proper steps to protect his own interests

Source: CourtListener parenthetical corpus (CC0).