· 3/29/1995
Red Giant Oil Co. v. Lawlor
Citations
- 528 N.W.2d 524
- 1995 Iowa Sup. LEXIS 66
- 1995 WL 134836
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that judgment not adjudicated on merits is not binding on insurer in claim against insurer for failure to defend
- holding that judgment not adjudicated on merits is not binding on insurer in claim against insurer for failure to defend
- holding that “because insurers have available to them a variety of defenses . . . we fail to see why legally it should make any difference who sues the insurer—the insured or the insured’s assignee”
- stating that choses in action for breach of contract are assignable in Iowa
- holding insured could still suffer damages from agent’s negligence when settlement was coupled with a covenant not to execute that did not extinguish liability as would a release; therefore, assigned claim for agent’s negligence would be valid
- permitting tortfeasor's assignment of claims against insurer for refusal to defend and insurance agent for negligent failure to procure adequate coverage
Source: CourtListener parenthetical corpus (CC0).
Judges: Carter, Lavorato, Neuman, Snell, Ternus
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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