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TRUCK INS. EXCHANGE v. BISHARA5/17/1996
the Dotys' case. Truck has here, however, always been willing to pay to the Dotys the insurance contract's policy limits and was only reluctant to do so under the terms advanced in the settlement proposal. The other factors likewise deserve consideration and are likely matters over which there may be factual disputes.
For that reason, we vacate the order of the district court and remand this case. In deciding the issue of whether Truck acted in good faith, the trier of fact should look to those factors set forth above, giving primary emphasis on whether the settlement offer was properly communicated to the Bisharas and whether Truck properly considered the financial impact of its actions on the Bisharas. Only if there are no disputed issues of fact as to these considerations would summary judgment be proper.
IV.
CONCLUSION
The order granting summary judgment to Truck is vacated and this case remanded to the district court. Costs on appeal to appellants.
McDEVITT, C.J., and JOHNSON and SILAK, JJ., concur.
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