Glenn v. Fleming

1 REPORTER'S NOTE: This case was argued by the parties and
decided in conference by the Supreme Court prior to the
retirement of Chief Justice Miller and the appointment of Justice
Abbott. The opinion of the court was delivered by This case, arising from a claim of an insurer's bad faith
refusal to settle a personal injury lawsuit, is before us on
petitions for review of the judgment of the Court of Appeals.
Glenn v. Fleming, 14 Kan. App. 2d 62, 781 P.2d 1107 (1989).
Everett Glenn appeals from a summary judgment entered against him
in his garnishment action against Aetna Casualty & Surety Company
(Aetna). Glenn attempted to collect a judgment in excess of
defendant Dale Fleming's automobile liability insurance policy
limits. Fleming was insured by Aetna. The action is grounded on
Glenn's claim of Aetna's bad faith in failing to discharge its
duty to policyholder Fleming.