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DANIELS v. HORACE MANN MUTUAL INSURANCE COMPANY

No. 13327.

422 F.2d 87 (1970)

Ada L. DANIELS and The Raleigh County Bank, as Committee for Nathan G. Daniels, a mental incompetent, Appellants, v. HORACE MANN MUTUAL INSURANCE COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 13, 1970.

Attorney(s) appearing for the Case

Donald D. Hodson, Beckley, W. Va. (Bowers, File, Hodson & Payne, Beckley, W. Va., on brief), for appellants.

J. Campbell Palmer, III, Charleston, W. Va., for appellee.

Before BRYAN and BUTZNER, Circuit Judges and WIDENER, District Judge.

ALBERT V. BRYAN, Circuit Judge:

For failing to settle a claim against them for an automobile personal injury, Ada L. Daniels and the committee for her incompetent husband, Nathan G. Daniels, sued the Horace Mann Mutual Insurance Company, their insurer, for the amount by which the judgment exceeded the limit of their liability policy. In a jury-waived trial, the District Court denied recovery and they appeal.

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