GING v. AMERICAN LIBERTY INSURANCE COMPANY

No. PCA 1551.

293 F.Supp. 756 (1968)

Frank GING, Administrator of the Estate of Father Bernard Morgan, Plaintiff, v. AMERICAN LIBERTY INSURANCE COMPANY, Defendant.

United States District Court N. D. Florida, Pensacola Division.

December 5, 1968.


Attorney(s) appearing for the Case

David H. Levin, of Levin, Askew, Warfield, Levin & Graff, Pensacola, Fla., for plaintiff.

William Fisher, Jr., of Fisher, Hepner & Hertz, Pensacola, Fla., for defendant.


OPINION

ARNOW, District Judge.

The issue before the Court on Defendant's motion for summary judgment may be stated as follows: Can an insured recover from his insurer the amount of a judgment awarded against him in excess of the limits of his automobile liability insurance policy on the basis of the insurer's bad faith refusal to settle where the amount of the excess judgment is measured by a jury award for punitive damages?

This Court is of the...

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