STEVENS v. NORTHWESTERN NAT. CAS. CO. OF MILWAUKEE, WIS.

No. 14669.

305 F.2d 513 (1962)

William E. STEVENS, Jr., etc., Plaintiff-Appellant, v. NORTHWESTERN NATIONAL CASUALTY COMPANY OF MILWAUKEE, WISCONSIN, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

August 7, 1962.


Attorney(s) appearing for the Case

Frank W. Cubbon, Jr., Toledo, Ohio, Cubbon & Rice, Toledo, Ohio, on brief, for appellant.

John W. Hackett, Jr., Toledo, Ohio, Shumaker, Loop & Kendrick, Toledo, Ohio, on brief, for appellee.

Before CECIL, WEICK and O'SULLIVAN, Circuit Judges.


WEICK, Circuit Judge.

This is an appeal from an order of the District Court granting defendant's motion for summary judgment and dismissing plaintiff's complaint.

Plaintiff's action was to collect the excess of his judgment over the limits of an automobile liability insurance policy in which his brother was the insured. Plaintiff sued as assignee of his brother. The gist of the complaint was that the defendant-insurer was guilty of bad faith in not settling...

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