HERNANDEZ v. EMPLOYERS MUTUAL LIABILITY INSURANCE CO.

No. 21564.

346 F.2d 154 (1965)

Dallas HERNANDEZ, Appellant, v. EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, Appellee. EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, Appellant, v. Dallas HERNANDEZ, Appellee.

United States Court of Appeals Fifth Circuit.

June 8, 1965.


Attorney(s) appearing for the Case

James A. Smith, Lake Charles, La., for appellant.

Frank M. Brame, Cavanaugh, Brame, Holt & Woodley, Lake Charles, La., for appellee.

Before BROWN and GEWIN, Circuit Judges, and KILKENNY, District Judge.


GEWIN, Circuit Judge.

In this action the appellant insured sought to recover damages allegedly accruing by reason of the appellee insurance company's breach of its obligation to attempt to settle a claim for personal injuries for which the appellant became liable.

The insured was involved in an automobile accident in which one Copeland was killed. Copeland's heirs filed suit in a state court against the appellant and appellee, and American Surety, the subrogated...

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