Long v. Mcallister

319 N.W.2d 256 (1982)

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Nature of the Case

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Facts

P's automobile was damaged when D's farm wagon rolled down an incline and struck it. D had property damage liability insurance covering the loss with I.M.T. Insurance Company and another insurer. I.M.T. obtained repair estimates but thirty-three days passed before the insurers agreed among themselves on how the loss would be shared. Eight days later I.M.T. offered P $ 1250 to settle the loss. P agreed but later on the same day rejected it as inadequate. P employed an attorney who demanded $1500 in settlement. I.M.T. raised its offer to $ 1300 and got no response. P sued for negligence. P alleged he was entitled to the market value of the vehicle of $ 1300 with interest at seven percent from the date of the accident and at the maximum legal rate from the date the petition was filed. P alleged he was required to rent substitute transportation at a cost of $500 'during the time he was requested to await adjustment' of the loss. P added that amount to the suit. P alleged that I.M.T. breached this duty by failing to pay the part of his claim not in dispute, asked for judgment for that amount, with interest, and asked for $10,000 in punitive damages. D admitted to the accident and since the vehicle was destroyed D only owed the $1,300 (its market value) with interest from the date of the accident. D moved for summary judgment. It was granted with the court denying P loss of use. P appealed.