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WADE v. EMCASCO INS. CO.

Nos. 05-3044, 05-3054.

483 F.3d 657 (2007)

Jerry L. WADE, II and Ninh Nguyen, Plaintiffs-Appellants, v. EMCASCO INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 10, 2007.

Attorney(s) appearing for the Case

Patrick B. Hughes of Adams & Jones, Chartered, Wichita, Kansas (N. Russell Hazlewood of Graybill & Hazlewood L.L.C., Wichita, Kansas with him on the briefs) for Plaintiff-Appellant Ninh Nguyen.

William J. Graybill of Graybill, Witcher & Ambrosier, Elkhart, Kansas for Plaintiff-Appellant Jerry L. Wade, II.

Stephen E. Robison (Lyndon W. Vix with him on the brief) of Fleeson, Gooing, Coulson & Kitch, L.L.C., Wichita, Kansas for Defendant-Appellee EMCASCO Insurance Company.

Before MURPHY, EBEL, and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

It is well settled in Kansas that an insurance company owes to its insured a duty to act in good faith and without negligence in the settlement of third-party claims. When an insurer negligently or in bad faith declines a settlement offer within the policy limits, takes the case to trial, and a verdict is rendered against the insured in excess of policy limits, the insurer is liable to the insured for the excess judgment. See Bollinger...

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