BIUNDO v. OLD EQUITY LIFE INS. CO.

No. 79-3294.

662 F.2d 1297 (1981)

Lorenzo BIUNDO, Plaintiff-Appellee, v. OLD EQUITY LIFE INSURANCE CO., et al., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 4, 1981.


Attorney(s) appearing for the Case

Edward L. Lascher, Lascher & Lascher, P. C., Ventura, Cal., for defendant-appellant.

Douglas R. McCorquodale, Escondido, Cal., argued, for plaintiff-appellee; McCormick & Royce, San Diego, Cal., on brief.

Before POOLE and FERGUSON, Circuit Judges, and CROCKER, District Judge.


POOLE, Circuit Judge.

Old Equity Life Insurance Company (Equity) appeals a jury verdict rendered in this diversity action, holding it liable on a disability insurance contract and for damages in tort for breach of the insurer's duty to deal in good faith with its insured. The jury awarded Lorenzo Biundo compensatory damages of $26,500 on his contract claim, $6,622.50 on his tort claim (the amount of attorney's fees incurred by Biundo in the prosecution of this suit...

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