Gray v. Nationwide Mutual Insurance

How courts have described this case

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

• holding that an insured's right to recover an award in excess of his policy limits from his insurer, when the insurer refuses to settle a claim against the inured in bad faith, was assignable
• holding that an insured's right to recover an award in excess of his policy limits from his insurer, when the insurer refuses to settle a claim against the inured in bad faith, was assignable
• recognizing that, when an insured party assigns a claim against his insurance company for a bad faith failure to pay a personal injury judgment to the injured party, the injured party then “stands in the shoes of the insured” in pursuing that particular claim
• reasoning that assignability “would put the claimant on more of an equal footing with the insured’s insurance company in settlement negotiations without tipping the balance against the insurer who can still refuse to settle in good faith”
• discussing such considerations in determining that bad-faith claims grounded in contract theory are assignable
• addressing enforceability of assignment by insured to injured of right to insurance proceeds

Source: CourtListener parenthetical corpus (CC0).