CARTER v. PIONEER MUT. CAS. CO.

No. 80-1259.

67 Ohio St. 2d 146 (1981)

CARTER ET AL., APPELLANTS, v. PIONEER MUTUAL CASUALTY CO., APPELLEE.

Supreme Court of Ohio.

Decided July 8, 1981.


Attorney(s) appearing for the Case

Mansour, Gavin, Gerlack & Manos Co., L.P.A., and Mr. Richard J. McGraw, for appellants.

Mr. William C. Ailes, for appellee.


LOCHER, J.

Appellants, in their sole proposition of law, assert, in essence, that an excess judgment may be recovered from an insurer by an insured's estate or its assignee for "bad faith" despite the insolvency of the estate.

We find merit in this contention.

Traditionally, there have been two schools of thought concerning the imposition of liability upon an insurer for failing to exercise good faith which results in an excess judgment against the...

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