A Kansas appeals court found that an insurer owed no duty of good faith and fair dealing to a third party who was a stranger to an insurance contract in Benchmark Ins. Co. v. Atchison, No. 94,266, 2006 WL 2191049 (Kan. App. Aug. 4, 2006).

Kayla Mell was one of four passengers in a car driven by Candi Atchison. Driving at excessive speed and attempting to avoid a truck stopped in the road, Candi lost control of the vehicle and hit a bridge abutment, which caused the vehicle to turn over and catch fire. Three of the passengers (including Mell) were injured and one was killed.