ALLEN v. ALLSTATE INS. CO.

No. 79-4008.

656 F.2d 487 (1981)

Barbara ALLEN as Executrix of the Estate of Gregg Geddes Allen, deceased, Plaintiff-Appellant, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 14, 1981.

As Amended on Denial of Rehearing December 14, 1981.


Attorney(s) appearing for the Case

Cavan Hardy, Sacramento, Cal., argued for plaintiff-appellant; Woodrow W. Kitchel, Hardy, Erich & Brown, Sacramento, Cal., on brief.

Leo Walcom, Walcom & Harmon, San Francisco, Cal., for defendant-appellee.

Before PECK, GOODWIN and NORRIS, Circuit Judges.


JOHN W. PECK, Circuit Judge.

The issue on appeal is whether the trial court correctly ruled that no reasonable settlement offer had been made to appellee Allstate. Having so ruled, the trial judge entered a judgment notwithstanding a jury verdict finding Allstate liable for bad faith in refusing to settle a claim against one of Allstate's insureds. Barbara Allen appeals from this JNOV. Diverse citizenship is the basis of federal jurisdiction, 28 U.S.C. § 1332...

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