ALLSTATE INS. CO. v. AXSOM

No. 54A05-9704-CV-124.

696 N.E.2d 482 (1998)

ALLSTATE INSURANCE COMPANY, Appellant-Defendant, v. Jason AXSOM, As Assignee of Larry Link, Appellee-Plaintiff.

Court of Appeals of Indiana.

July 15, 1998.


Attorney(s) appearing for the Case

Linda Y. Hammel, Yarling, Robinson, Hammel & Lamb, Indianapolis, for Appellant-Defendant.

Elizabeth A. Justice, Wernle, Ristine & Ayers, Crawfordsville, for Appellee-Plaintiff.


RUCKER, Judge.

This is an interlocutory appeal from the trial court's ruling on a motion to dismiss. We address the following restated issue: where a party assigns its right to pursue a claim for failure to settle in good faith, are the punitive damages and attorney's fees requested as a part of the claim also assignable.

The essential facts are these. On October 11, 1991 Larry Link ("Link") and Jason Axsom ("Axsom...

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