United States Tenth Circuit

In an action seeking a garnishment order under Kansas law against an insurance company for its alleged negligent or bad faith refusal to settle plaintiff's claim against defendant's insured, judgment for defendant is reversed where the issue was governed by the law of the place where the contract was made, in this case Kansas, and thus the district court erred in applying Missouri law.

Appellate Information

• Decided 09/08/2009
• Published 09/08/2009

Judges

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

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• William J. Pauzauskie of Topeka, KS, for Plaintiff-Appellant.


• For Appellees:
  
• Barrett J. Vahle (Curtis E. Woods with him on the brief), of Sonnenschein Nath & Rosenthal LLP, Kansas City, KS, for Garnshiee-Appellee.