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BATON v. TRANSAMERICA INS. CO.

Nos. 77-3137, 77-3138.

584 F.2d 907 (1978)

Joyce Alene BATON, Personal Representative of the Estate of Jon Baton, Deceased, Plaintiff-Appellee, v. TRANSAMERICA INSURANCE COMPANY, a corporation, Defendant, v. CAVALIER INSURANCE CORPORATION, a corporation, Defendant-Appellant. Joyce Alene BATON, Personal Representative of the Estate of Jon Baton, deceased, Plaintiff-Appellant, v. TRANSAMERICA INSURANCE COMPANY, a corporation, Defendant-Appellant, v. CAVALIER INSURANCE CORPORATION, a corporation, Defendant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 6, 1978.

Attorney(s) appearing for the Case

William F. Schulte, Edwin J. Welsh, Portland, Or., for defendant-appellant.

Michael A. Lehner, Walter J. Cosgrave, Portland, Or., for plaintiff-appellee.

Before WRIGHT and GOODWIN, Circuit Judges, and JAMESON, District Judge.

GOODWIN, Circuit Judge:

These combined appeals arise from the confluence of a fatal accident, clear liability, and minimal insurance policy limits. Plaintiffs sought in this litigation to create excess "coverage" out of an insurer's failure to settle within policy limits and within plaintiff's time deadline. The plaintiff appeals from a judgment for one insurance carrier; the other carrier appeals from a judgment for the...

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