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LIENEMANN v. STATE FARM MUT. AUTO FIRE & CAS. CO.

Nos. 75-1360, 75-1406.

540 F.2d 333 (1976)

Arnold C. LIENEMANN, Administrator of the Estate of John B. Lienemann, Deceased, Appellee, v. STATE FARM MUTUAL AUTO FIRE AND CASUALTY CO., Appellant. Arnold C. LIENEMANN, Administrator of the Estate of John B. Lienemann, Deceased, Appellant, v. STATE FARM MUTUAL AUTO FIRE AND CASUALTY CO., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 22, 1976.

Attorney(s) appearing for the Case

Ray C. Simmons, Fremont, Neb., for State Farm.

C. J. Gatz, Jewell, Otte, Gatz, Collins & Domina, Norfolk, Neb., for Lienemann.

Before LAY, BRIGHT and HENLEY, Circuit Judges.

LAY, Circuit Judge.

This is an excess judgment case in which a jury found that State Farm Mutual Auto Fire and Casualty Company refused, in bad faith, to settle a suit against the estate of its insured, John B. Lienemann.

The events giving rise to the present suit began on February 11, 1968, when an automobile driven by John Lienemann collided head-on with a car in which Marvin Moats and his wife were riding near Norfolk, Nebraska. All three persons were killed...

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