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UNITED STATES FIDELITY AND GUARANTY COMPANY v. LEMBKE

No. 7393.

328 F.2d 569 (1964)

UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland corporation, Appellant, v. Henry H. LEMBKE, Jr., Appellee.

United States Court of Appeals Tenth Circuit.

March 3, 1964.

Attorney(s) appearing for the Case

Harold B. Wagner, Denver, Colo. (Raymond A. Wagner and Carl A. Wyers, Denver, Colo., were with him on the brief), for appellant.

Jackson M. Seawell, Denver, Colo., for appellee.

Before PICKETT, LEWIS, and SETH, Circuit Judges.

SETH, Circuit Judge.

The insured, Henry H. Lembke, Jr., brought an action in the United States District Court for the District of Colorado against the United States Fidelity and Guaranty Company, the insurer, by a complaint alleging that the appellant was negligent in its investigation of a claim brought by Irving J. Hayutin against appellee, and further that the appellant acted in bad faith in not making a settlement of this claim for less than the policy limits...

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