ABERNETHY v. UTICA MUTUAL INSURANCE COMPANY

No. 10777.

373 F.2d 565 (1967)

William L. ABERNETHY, Houston D. Havnaer, Sr., and Abernathy's, Inc., Appellants, v. UTICA MUTUAL INSURANCE COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided February 6, 1967.


Attorney(s) appearing for the Case

Eddy S. Merritt and Marshall V. Yount, Hickory, N. C., for appellants.

William B. Webb, Charlotte, N. C., (Carpenter, Webb & Golding, Charlotte, N. C., on brief), for appellee.

Before BOREMAN and WINTER, Circuit Judges, and KAUFMAN, District Judge.


WINTER, Circuit Judge:

In this suit, brought by appellants (the "insureds") against their insurer ("Utica") for negligence and bad faith in its failure and refusal to enter into negotiations for a settlement of two death cases against them, to make any offer of settlement therefor, and to accept the offer to settle both cases for $12,500.00, the district judge granted Utica's motion for judgment at the close of the insureds' case. Because we think there was sufficient...

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