BRAESCH v. UNION INS. CO.

No. 88-772.

464 N.W.2d 769 (1991)

237 Neb. 44

Duane E. BRAESCH, Appellant, v. UNION INSURANCE COMPANY, an Insurance Corporation, Appellee. Helen E. BRAESCH, Appellant, v. UNION INSURANCE COMPANY, an Insurance Corporation, Appellee.

Supreme Court of Nebraska.

January 18, 1991.


Attorney(s) appearing for the Case

Thomas J. Guilfoyle, Frost, Meyers, Guilfoyle & Govier, and J. Patrick Green, Omaha, for appellants.

Edward F. Noethe, Sodoro, Daly & Sodoro, Omaha, for appellee.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.


FAHRNBRUCH, Justice.

These appeals each involve two issues: (1) whether an insurer may be held liable in tort if the insurer acts in bad faith in refusing to settle a claim with its policyholders who are also entitled to receive benefits under the policy, and (2) whether each appellant's amended petition states a proper theory of recovery for intentional infliction of emotional distress.

The trial court sustained demurrers to each of the petitions and dismissed...

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