Charles E. Burnett, Appellant v. Government Employees Insurance Company, Appellee

Summary

The Alaska Supreme Court held that a liability insurer may owe a third-party claimant an independent tort duty when its claims-handling conduct affirmatively undertakes responsibility for protecting the claimant's property. Because evidence that GEICO told Burnett not to clean up the spill, promised to do so, and delayed cleanup could support reliance and increased harm, summary judgment was improper. Justice Maassen, joined by Justice Fabe, dissenting, would have affirmed because GEICO acted only in furtherance of its contractual duties to its insured and assumed no independent duty to Burnett.