BYRNES v. PHOENIX ASSURANCE COMPANY OF NEW YORK

No. 13610.

303 F.2d 649 (1962)

John J. BYRNES, Trustee for Charles Albert Lund, Plaintiff-Appellant, v. PHOENIX ASSURANCE COMPANY OF NEW YORK, a foreign corporation, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

June 6, 1962.


Attorney(s) appearing for the Case

Thomas P. Maroney and Maroney & Schiro, Milwaukee, Wis., for appellant.

F. H. Prosser, Jack R. Wiedabach, Milwaukee, Wis., Wake, Prosser, Zimmermann & Quale, Milwaukee, Wis., of counsel, for appellee.

Before HASTINGS, Chief Judge, and SCHNACKENBERG and SWYGERT, Circuit Judges.


HASTINGS, Chief Judge.

This is an action brought by John J. Byrnes, Trustee for Charles Albert Lund, Bankrupt (appellant) against defendant, Phoenix Assurance Company of New York (appellee). Plaintiff claims damages occasioned by the alleged bad faith of defendant in failing to settle within its policy limits a claim for personal injuries arising out of an automobile accident.

The case was tried to the court without a jury. The trial court found the facts...

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