November 28, 2016

The estate of a tort victim, as the insured’s assignee, commenced an action against the insurer alleging that bad faith caused an excess judgment. This case is Welford v. Liberty Insurance Corporation, 2016 WL 3360431.

This third-party bad faith case arises out of a fatal car accident. Mottsey was insured by Liberty under an auto policy with bodily injury limits of $10,000 per person and $20,000 per accident. The auto was a Mercury Sable and was used by Mottsey’s daughter, Mayhair.