McCULLOUGH v. GOLDEN RULE INS. CO.

No. 88-193.

789 P.2d 855 (1990)

Curtis McCULLOUGH and Judith M. McCullough, husband and wife, Petitioners, v. GOLDEN RULE INSURANCE CO., an Illinois corporation doing business in Wyoming, Respondent.

Supreme Court of Wyoming.

April 5, 1990.


Attorney(s) appearing for the Case

Stuart S. Healy of Healy & Kinnaird, Sheridan and Glenn E. Smith, Cheyenne, for petitioners.

Stephen S. Ashley of Ashley & Ashley, San Francisco, Cal., Thomas G. Gorman of Hirst & Applegate, Cheyenne, and Guy E. McGaughey, Jr. of McGaughey & McGaughey, Lawrenceville, Ill., for respondent.

George Santini, Cheyenne, for amicus curaie, Wyoming Trial Lawyers Ass'n.

John A. Sundahl and George E. Powers, Jr. of Godfrey, Sundahl & Jorgenson, Cheyenne and G.G. Greenlee of Murane & Bostwick, Casper, for amicus curiae, Defense Lawyers Ass'n of Wyoming, Inc.

Before THOMAS, URBIGKIT, MACY and GOLDEN, JJ., and BROWN, J., Ret.


URBIGKIT, Justice.

We consider two questions certified from the United States Court of Appeals for the Tenth Circuit:

Does an insurance company owe a duty of good faith to its policyholders not to unreasonably deny a claim for benefits under the policy, the breach of which duty gives rise to an independent tort action? If such a tort action is permitted, in addition to showing that the claim was denied unreasonably and without proper cause, must...

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