[DOWNLOAD] "Rector v. Husted" by Supreme Court of Kansas # Book PDF Kindle ePub Free

eBook details

Title: Rector v. Husted
Author : Supreme Court of Kansas
Release Date : January 02, 1974
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 58 KB

Description

The opinion of the court was delivered by This is an appeal in a garnishment action wherein the plaintiff recovered a judgment against an insurance carrier for that portion of the plaintiff's judgment in excess of policy limits. Beverly J. Rector (plaintiff-appellee) recovered a judgment for $12,500 against Charles B. Husted (defendant-appellee). Husted's insurer, St. Paul Insurance Companies (appellant) defended the case under the obligations of its policy. After the jury returned its verdict for plaintiff, an order of garnishment was issued against the insurer. The insurer answered that it was holding $9,624.65 for the defendant. On October 11, 1971, the plaintiff was paid $9,624.65 as partial satisfaction of the judgment against the defendant. The plaintiff took exception to the garnishee's answer and a garnishment hearing was held in the district court of Shawnee County, Kansas, on the issue of whether or not the garnishee-insurer was negligent or acted in bad faith in defending its insured under its policy. The trial court determined the garnishee-insurer had been both negligent and acted in bad faith in conducting the defense, and entered judgment against it for the entire amount of the judgment. Appeal has been duly perfected by the garnishee-insurer.