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PANIZZI v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO.

Nos. 16469, 16470.

386 F.2d 600 (1967)

Elaine PANIZZI and Louis T. Gedeon, Jr., Administrators of the Estate of Louis T. Gedeon, Deceased, Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee. Elaine PANIZZI and Louis T. Gedeon, Jr., Administrators of the Estate of Elaine Edith Gedeon, Deceased, Appellees, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant.

United States Court of Appeals Third Circuit.

Decided December 4, 1967.

Rehearings Denied January 3, 1968.

Attorney(s) appearing for the Case

Paul A. Simmons, Tempest & Simmons, Monongahela, Pa., for Elaine Panizzi and Louis T. Gedeon, Jr., Administrators.

Francis H. Patrono, Patrono, Ceisler & Edwards, Washington, Pa., for State Farm Mut. Auto. Ins. Co.

Before STALEY, Chief Judge, and MARIS and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

These cases are before the court on the appeal of an insurer from a judgment for the insured in the face amount of an automobile liability insurance policy and the appeal of the insured from a judgment for the insurer in a companion case, claiming breach by the insurer of its fiduciary duties under the policy. The car of Louis T. Gedeon (Gedeon) left the highway and struck a guard rail on August 11, 1955; his...

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