Opinion
No. 43993.
June 28, 1974.
Insurance — action against insurer who refused to settle claim — finding of bad faith — sufficiency of evidence.
Action in the Washington County District Court wherein plaintiff as assignee of defendant's insured sought to recover damages allegedly sustained by reason of defendant's failure to negotiate in good faith a claim being made under its insurance policy. The case was tried before William T. Johnson, Judge, and a jury, which found defendant had acted in bad faith. The court determined insured's damages to be $29,820. Defendant appealed from an order denying its alternative motion for judgment notwithstanding the verdict or for a new trial. Affirmed.
Murnane, Murnane, Battis Conlin and E. W. Murnane, for appellant.
LeVander, Zimpfer Tierney, Paul W. Buegler, and Paul D. Tierney, for respondent.
Heard before Knutson, C. J., and Otis, Peterson, MacLaughlin, and Yetka, JJ., and considered and decided by the court.
A jury found that defendant insurance company acted in bad faith in refusing to settle a personal injury claim against its insured, plaintiff's assignor, within the limits of the automobile insurance policy. The court denied defendant's blended post-trial motion for judgment n. o. v. or a new trial, concluding that the jury's verdict was fully sustained by the evidence. The court further concluded the action had been commenced within the time limitations of Minn. St. 541.05(1), the applicable statute, and that the proper measure of damages was the full amount of the difference between the policy limit and the verdict in the initial action, undiminished by the discharge in bankruptcy of plaintiff's assignor. We hold that the trial court rulings on matters of law were correct and that the jury's verdict has sufficient evidentiary support.
Affirmed.
MR. CHIEF JUSTICE SHERAN, not having been a member of this court at the time of the argument and submission, took no part in the consideration or decision of this case.