Bollinger v. Nuss

The opinion of the court was delivered by This was a garnishment proceeding to determine the extent of
the insurer's liability where a judgment rendered against its
insured exceeded policy limits. The plaintiff, Walter Bollinger, recovered a judgment for
$30,483.84 against the defendant, Karl Nuss. Defendant's insurer,
Western Casualty and Surety Company, using the services of Mr.
Tudor W. Hampton, an attorney of the Barton County Bar, defended
the case under the obligations of its policy. After the insurer
paid its policy limits of $25,000 into court, an order of
garnishment was issued against the insurer. Both plaintiff and
defendant took issue with the garnishee-insurer's answer which
stated it owed nothing further on the judgment. The issue tried
to the court at the garnishment hearing was whether or not the
garnishee-insurer was negligent or acted in bad faith in respect
to settlement negotiations and in the defense of the case. The
lower court determined the matter in favor of the
garnishee-insurer, and plaintiff and defendant have appealed,
stating their respective positions on appeal are identical, and
presenting the points to be considered in a single brief.