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AMERICAN FIDELITY & CAS. CO. v. ALL AMERICAN BUS LINES

No. 3894.

179 F.2d 7 (1949)

AMERICAN FIDELITY & CASUALTY CO., Inc. v. ALL AMERICAN BUS LINES, Inc.

United States Court of Appeals Tenth Circuit.

Rehearing Denied January 24, 1950.

Attorney(s) appearing for the Case

Welcome D. Pierson, Oklahoma City, Okla. (Howard Hentz, Oklahoma City, Okl., was with him on the brief), for appellant.

Gus Rinehart, Oklahoma City, Okl., for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

The question presented by this appeal is whether the appellee Bus Company may maintain a tort action against its insurer, appellant, for negligence and bad faith in failing to settle a damage suit within the coverage limits of its policy of insurance, where the full amount of the Bus Company's liability in excess of such policy was paid to the Bus Company by another insurer under the terms of an excess...

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