United States Tenth Circuit

In a garnishment action against an insurer to collect a judgment that was in excess of the policy limits, claiming that defendant negligently or in bad faith delayed in accepting an offer to settle within the policy's limits, judgment for defendant is reversed where it was foreseeable to defendant that its negligence in failing to implement a system to handle reasonable time-sensitive settlement offers from an injured party could result in a lawsuit being filed against its insured.

Appellate Information

• Decided 02/17/2010
• Published 02/17/2010

Judges

• SEYMOUR, Circuit Judge., Before MURPHY, SEYMOUR and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• David A. Hoffman (Donald W. Vasos with him on the briefs) of Vasos Law Offices, Shawnee Mission, KS, for Plaintiff-Judgment Creditor-Appellant.


• For Appellees:
  
• Craig C. Blumreich (Joel W. Riggs with him on the brief) of Larson & Blumreich, Chartered, Topeka, KS, for Garnishee-Appellee.