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LEVIER v. KOPPENHEFFER

No. 70,830

19 Kan. App. 2d 971 (1994)

879 P.2d 40

ALEX LEVIER, Plaintiff/Appellee, v. JEFFREY S. KOPPENHEFFER, Defendant, and AETNA CASUALTY & SURETY CO., Garnishee/Appellant.

Court of Appeals of Kansas.

Opinion filed August 12, 1994.

Attorney(s) appearing for the Case

Ronald D. Heck and David N. Tulbert, of Heck & Sheppeard, P.A., of Topeka, for the appellant.

John F. Stites, of Stites, Hill, Wilson & Knopp, of Manhattan, for the appellee.

Before BRISCOE, C.J., PIERRON, J., and CARLOS MURGUIA, District Judge, assigned.

MURGUIA, J.:

Following an automobile accident, Alex Levier secured a judgment against Jeffrey Koppenheffer for $600,000, an amount far in excess of Koppenheffer's $100,000 single limit liability insurance policy. In satisfaction of the judgment, Koppenheffer assigned to Levier any cause of action for bad faith or negligence that Koppenheffer might have against his insurer, AEtna Casualty and Surety Company (AEtna).

Levier commenced a garnishment proceeding...

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