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· 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 CourtListener

Sourced 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.