· 1/22/2001
Kelly v. Iowa Mutual Insurance Co.
Citations
- 620 N.W.2d 637
- 2000 WL 1714721
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “if the insurance company has breached the contract by wrongfully rejecting a reasonable settlement offer, the insured may accept the settlement offer over the insurer’s objection without breaching policy duties and losing his right to seek coverage.”
- noting that insurer has \no obligation\ to pay settlement amount \in excess of its [policy] limits\
- noting that an insured pays a set premium for a defined amount of liability protection and is therefore at risk for any amounts in exeess of the purchased protection
- noting that an insured pays a set premium for a defined amount of liability protection and is therefore at risk for any amounts in excess of the purchased protection
- holding stipulated judgment enforceable where insurer breached contractual obligation to accept reasonable settlement
- “The bad faith standard is simply not appropriate here, where the issue is one of contractual liability as opposed to extra-contractual liability”
Source: CourtListener parenthetical corpus (CC0).
Judges: Ternus, McGiverin, Neuman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.