SEWARD v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO.

No. 24553.

392 F.2d 723 (1968)

Edwin B. SEWARD, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

March 20, 1968.


Attorney(s) appearing for the Case

Larry Klein, Miller, Cone, Owen, Wagner, Nugent & Johnson, West Palm Beach, Fla., for appellant.

Richard J. Thornton, John H. Wahl, Jr., Miami, Fla., for appellee, Walton, Lantaff, Schroeder, Carson & Wahl, Miami, Fla., of counsel.

Before TUTTLE and WISDOM, Circuit Judges, and HEEBE, District Judge.


WISDOM, Circuit Judge:

The question before us is whether an insurer is liable to one of its insureds for damages in excess of the limits of the insured's automobile liability policy for having wrongfully refused to defend the insured in a suit that resulted in a judgment exceeding the amount of the policy. The insurer argues: No — not unless there is an offer of settlement the insurer might have accepted, or used as the basis for negotiation of a settlement...

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