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GING v. AMERICAN LIBERTY INSURANCE COMPANY

No. 27336.

423 F.2d 115 (1970)

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

United States Court of Appeals Fifth Circuit.

February 27, 1970.

Attorney(s) appearing for the Case

David H. Levin, Levin, Askew, Warfield, Graff & Mabie, Pensacola, Fla., for plaintiff-appellant.

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

Before JOHN R. BROWN, Chief Judge, and COLEMAN and CLARK, Circuit Judges.

CLARK, Circuit Judge.

Because an insurance company actually did undertake the complete defense of its insured to a suit seeking both compensatory and punitive damages, the company had the duty of acting in good faith toward its insured as to the entire undertaking. The court below1 erred in granting summary judgment based upon its premise that since the company owed no duty relative to punitive damages, it was free to act in bad faith...

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