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HARRIS v. STANDARD ACCIDENT AND INSURANCE COMPANY

No. 38, Docket 26892.

297 F.2d 627 (1961)

Melville HARRIS, as Trustee in Bankruptcy of Leonard Massello and William Massello, Plaintiff-Appellee, v. STANDARD ACCIDENT AND INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 6, 1961.

Attorney(s) appearing for the Case

Maurice Rosenberg, New York City (Reid A. Curtis, James B. Donovan, Patrick J. Hughes, and Watters & Donovan, New York City, on the brief), for defendant-appellant.

William A. Hyman, New York City (Harold W. Hayman, New York City, on the brief), for plaintiff-appellee.

Before LUMBARD, Chief Judge, and FRIENDLY and SMITH, Circuit Judges.

LUMBARD, Chief Judge.

Plaintiff, the trustee in bankruptcy of Leonard and William Massello, brought this action to recover damages for defendant's refusal, allegedly in bad faith, to settle a personal injury action brought against the Massellos, within the limit of a $10,000 automobile liability insurance policy issued by the defendant, Standard Accident and Insurance Company. The district court awarded $89,000 damages, and Standard appeals. Since there was no showing...

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