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Negligence - The "Same Hazard" Principle - Nonliability In Event Of Injury From A Hazard Of Different Type From That Which Justified Imposition Of Duty To Use Due Care, Michigan Law Review
Negligence - The "Same Hazard" Principle - Nonliability In Event Of Injury From A Hazard Of Different Type From That Which Justified Imposition Of Duty To Use Due Care, Michigan Law Review
Michigan Law Review
In a previous suit by plaintiff against a policy holder, defendant, who was the insurer and conducted the defense for the insured, rejected an offer made by plaintiff to settle the claim for less than the policy limit, which was $5,000. There was thereafter a verdict for plaintiff for $7,500, which was satisfied to the amount of $5,000. Plaintiff then brought an action against the defendant insurance company in the name of the policy holder to recover the remainder of the judgment on the ground that defendant was negligent in rejecting the plaintiff's settlement offer. Held, plaintiff stated no …