NATIONWIDE MUTUAL INSURANCE COMPANY v. RICE

No. 23010.

370 F.2d 370 (1966)

NATIONWIDE MUTUAL INSURANCE COMPANY, Appellant, v. Joe RICE, Appellee.

United States Court of Appeals Fifth Circuit.

December 27, 1966.


Attorney(s) appearing for the Case

M. T. Ormond, Jones, McEachin, Ormond & Fulton, Tuscaloosa, Ala., for appellant.

Jeff B. deGraffenried, Edward deGraffenried, deGraffenried, deGraffenried & deGraffenried, Tuscaloosa, Ala., for appellee.

Before TUTTLE, Chief Judge, and THORNBERRY, and GOLDBERG, Circuit Judges.


PER CURIAM:

This is an appeal in a diversity case in which the appellee recovered judgment against his insurance carrier based on a jury determination that the company failed in its duty owed to the insured when the latter was ultimately cast in the principal damage suit for $34,000 damages in favor of the injured party, after the insurance company failed to settle the claim. It appears that the case could have been settled for $9,000.

The Alabama law is clear...

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