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HERGES v. WESTERN CASUALTY AND SURETY COMPANY

No. 19231.

408 F.2d 1157 (1969)

Paul HERGES, as Trustee for the Heirs of Clotilda Fleischhacker, Decedent, and as Assignee of the Claim of Clemens John Theis, Appellant, v. WESTERN CASUALTY AND SURETY COMPANY, a Foreign Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

March 27, 1969.

Attorney(s) appearing for the Case

Ronald R. Frauenshuh, of Weis, Frauenshuh & Narveson, Paynesville, Minn., for appellant.

Robert M. Austin, of Carroll, Cronan, Roth & Austin, Minneapolis, Minn., for appellee.

Before BLACKMUN, GIBSON and HEANEY, Circuit Judges.

HEANEY, Circuit Judge.

The issue on this appeal is whether the trial court erred in finding that the Western Casualty and Surety Company acted in good faith in refusing to settle a wrongful death action in state court against its insured within the limits of its insurance policy. Western restricted its offer to what it considered to be the "nuisance value" of the case, $1,000. The jury returned a verdict of $35,000.

The initial action arose out of an automobile...

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