TRASK v. IOWA KEMPER MUT. INS. CO.

No. 2-57250.

248 N.W.2d 97 (1976)

James E. TRASK, Appellant, v. IOWA KEMPER MUTUAL INSURANCE COMPANY, Appellee.

Supreme Court of Iowa.

December 15, 1976.


Attorney(s) appearing for the Case

Levinson & Enabnit, Mason City, for appellant.

Patterson, Lorentzen, Duffield, Timmons, Irish & Becker, Des Moines, for appellee.

Heard by MOORE, C. J., and MASON, UHLENHOPP, HARRIS and McCORMICK, JJ.


UHLENHOPP, Justice.

The pivotal question in this appeal is whether a liability insurer acted in bad faith in not accepting a third-party offer to settle for the policy limit. Two lawsuits are involved, the original damage action and the present one for the excess over the amount of the policy.

A truck driven by plaintiff James E. Trask collided with a car insured by defendant Iowa Kemper Mutual Insurance Company. Trask sustained personal juries. The driver...

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