PHILLIPP v. UNITED STATES CASUALTY COMPANY

Civ. No. 4365.

127 F.Supp. 37 (1954)

Carl V. PHILLIPP, Plaintiff, v. UNITED STATES CASUALTY COMPANY, a New York corporation, Defendant.

United States District Court, D. Colorado.

December 21, 1954.


Attorney(s) appearing for the Case

W. E. McCarthy, Boulder, Colo., for plaintiff.

Ronald V. Yegge, Margaret R. Bates, January & Yegge, Denver, Colo., for defendant.


CHRISTENSON, District Judge.

This is an action for damages against an insurance company claimed to have arisen from its failure to settle a liability claim, which resulted in a judgment against the insured in excess of policy limits. At the pre-trial conference the question of law was presented of whether liability can be predicated upon simple negligence or lack of skill and diligence, or whether a showing of bad faith is essential to recovery. By the pre-trial stipulation...

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