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LEE v. NATIONWIDE MUTUAL INSURANCE COMPANY

No. 8155.

286 F.2d 295 (1961)

Anna M. LEE, Administratrix of the Estate of Ernest Walter Lee, Late of Harford County, deceased, Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY, a Body Corporate, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 25, 1961.

Attorney(s) appearing for the Case

Francis D. Murnaghan, Jr., and Melvin J. Sykes, Baltimore, Md., for appellant.

Norman P. Ramsey and M. King Hill, Jr., Baltimore, Md. (Paul E. Burke, Jr., and Smith, Somerville & Case, Baltimore, Md., on brief), for appellee.

Before SOBELOFF, Chief Judge, BOREMAN, Circuit Judge, and BRYAN, District Judge.

ALBERT V. BRYAN, District Judge.

The decision in review is this: that in Maryland the administratrix of an insured, who died in an accident within the coverage of his automobile liability policy, cannot recover for the insurer's negligent or bad faith refusal to settle, at a figure below the insurance limits, the claims of other persons in the accident based upon the insured's carelessness, if the assets of his estate are not sufficient to satisfy the amount by which...

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