From our private database of 34,000+ case briefs...
Moses v. Halstead & Allstate Insurance Company
United States Court of Appeals for the Tenth Circuit
581 F.3d 1248 (2009)
In Kansas, Allstate Insurance Company (Allstate) (defendant) issued an insurance policy on a car to the father of Shelby Moses (plaintiff). Thereafter, in Missouri, Chris Halstead (defendant) wrecked the insured car in an accident while Moses was a passenger. Moses was injured, and the incident was reported to Allstate. Back in Kansas, Moses made an offer to Allstate to settle her claims against Halstead for the policy limit of $25,000. Allstate rejected the offer in Kansas. Later, Moses filed a lawsuit in Missouri state court against Halstead, and she was awarded $100,000 in damages. Allstate paid $25,000 of the judgment, and Moses filed a garnishment action against Allstate for its negligent or bad-faith refusal to settle with her earlier. Allstate removed the case to district court, which ruled in Allstate’s favor based on applying Missouri law to the claim. Under Missouri law, Halstead was required to assign his claim for bad-faith refusal to settle to Moses before she could recover against Allstate. Kansas did not have such an assignment-of-claim requirement. Moses appealed.
Rule of Law
Holding and Reasoning (Seymour, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 607,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 607,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 34,000 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.