Steen v. Aetna Cas. & Sur. Co.
| Decision Date | 26 April 1965 |
| Docket Number | No. 20820,20820 |
| Citation | 401 P.2d 254,157 Colo. 99 |
| Parties | Algie STEEN, Plaintiff in Error, v. AETNA CASUALTY AND SURETY CO., Defendant in Error. |
| Court | Colorado Supreme Court |
Martin Zerobnick, Sheldon S. Emeson, Denver, for plaintiff in error.
John P. Beck, Denver, for defendant in error.
Algie Steen, plaintiff in error, secured a judgment in the trial court in the sum of $23,862.02 against Morton and Sydney Kornbluth for personal injuries and property damages resulting from an automobile accident in Denver, Colorado, on January 27, 1960. An additional judgment in a lesser amount was awarded Steen's wife in the same action.
The Kornbluths were covered by a public liability insurance policy issued by the Aetna Casualty and Surety Co. with a $10,000.00 limit. Aetna paid this sum plus interest and costs into court following the entry of judgment.
The instant action is an ancillary garnishment proceeding under Rule 103, R.C.P. Colo., whereby Algie Steen seeks to compel Aetna to pay him the difference between his judgment and the $10,000.00 which Aetna admittedly owed. The averred basis for Steen's garnishment action is that he alleges that Aetna had the opportunity to settle the claim for less than the policy amount before trial but due to a lack of good faith failed to do so and is therefore liable for the overage. This allegation is particularly brought into focus by the assertion that Aetna failed to interview a key witness before trial, and that had it done so it could and would have determined that there was no valid defense to the action.
In the trial court Aetna objected to the entire garnishment proceedings; notwithstanding, the trial court conducted a hearing and thereafter ruled in pertinent part as follows:
...
To continue reading
Request your trial
-
Brown v. Candelora
...(1968); Moradi-Shalal v. Fireman's Fund Insurance Co., 46 Cal.3d 287, 250 Cal.Rptr. 116, 758 P.2d 58 (1988); Steen v. Aetna Casualty & Surety Co., 157 Colo. 99, 401 P.2d 254 (1965); Chittick v. State Farm Mutual Automobile Insurance Co., 170 F.Supp. 276 (D.Del.1958); Canal Insurance Co. of ......
-
Rutter v. King
...355 P.2d 985 (1960); Paul v. Kirkendall, 6 Utah 2d 256; 311 P.2d 376 (1957); Steen v. Aetna Casualty & Surety Co., 157 Col(o.) 99; 401 P.2d 254 (1965); Powell v. Prudence Mutual Casualty Co., 88 Ill.App.2d 343; 232 N.E.2d 155 (1967); City of Wakefield v. Globe Indemnity Co., 246 Mich. 645; ......
-
Cassidy v. Millers Cas. Ins. Co. of Texas, Civ.A. No. 94-B-1480.
...Cassidy and Ball argue that Colorado's appellate courts have not yet addressed this specific issue. In Steen v. Aetna Cas. and Sur. Co., 157 Colo. 99, 401 P.2d 254 (1965), Steen, an injured third-party claimant, obtained a judgment against tortfeasors for personal injuries and property dama......
-
Farmers Group, Inc. v. Williams
...Fitzsimmons v. Olinger Mortuary Ass'n, 91 Colo. 544, 17 P.2d 535 (1932) (breach of undertaking contract). In Steen v. Aetna Casualty, 157 Colo. 99, 101, 401 P.2d 254, 255 (1965), we declared that an insurer could be liable in tort if it was negligent and acted in bad faith. Steen was cited ......
-
Insurance Bad Faith in Colorado
...and one definition is necessary or available under Colorado law. See discussion under the section entitled The Trimble Case, infra. 9. 157 Colo. 99, 401 P.2d 254 (1965). 10. Supra, note 6. 11. In Steen, the aside by the court was prophetic: "... we note that the [insureds] have evidently no......