EASTHAM v. OREGON AUTOMOBILE INSURANCE COMPANY


542 P.2d 895 (1975)

William W. EASTHAM, Respondent, v. OREGON AUTOMOBILE INSURANCE COMPANY, Appellant.

Supreme Court of Oregon, In Banc.

November 20, 1975.


Attorney(s) appearing for the Case

C.S. Emmons, Emmons, Kyle, Kropp & Kryger, Albany, and McMinimee & Kaufman, Tillamook, for respondent.

No appearance contra.


ON REHEARING.

HOLMAN, Justice.

Plaintiff has filed a vigorous petition for rehearing. Running through the petition is the contention that the award by the jury of $50,000 in the original case of plaintiff against Byrd, the insured, forecloses consideration of the apparently reasonable settlement value of that case in determining whether there was sufficient evidence of the insurer's bad faith in the present case to go to the jury. It is this court's opinion...

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