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THOMAS v. ALLSTATE INSURANCE COMPANY

No. 20739.

443 F.2d 1123 (1971)

Roy THOMAS et al., Plaintiffs-Appellees, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

June 15, 1971.

Attorney(s) appearing for the Case

J. W. Baker, Knoxville, Tenn., for defendant-appellant; Arthur D. Byrne, Knoxville, Tenn., on brief; Poore, Cox, Baker, McAuley, Ray & Byrne, Knoxville, Tenn., of counsel.

Warren Butler, Knoxville, Tenn., for plaintiffs-appellees; Teddy L. Willocks, Richard L. Hollow, Knoxville, Tenn., on brief.

Before PHILLIPS, Chief Judge, and MILLER and KENT, Circuit Judges.

WILLIAM E. MILLER, Circuit Judge.

In the court below a jury verdict was returned in favor of the plaintiff Roy Thomas, the insured under an automobile liability insurance policy, suing for the use and benefit of the other named plaintiffs, against defendant Allstate Insurance Company in the amount of $30,810.16. On the theory that the Insurance Company acted in bad faith in seeking to void its policy the jury awarded an additional sum of $68,465.71 to Thomas (a sum...

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