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A.W. HUSS CO. v. CONTINENTAL CAS. CO.

Civ. A. No. 82-C-341.

560 F.Supp. 513 (1983)

A.W. HUSS COMPANY, debtor in possession, a Wisconsin corporation, Plaintiff, v. CONTINENTAL CASUALTY COMPANY, an Illinois corporation, Defendant.

United States District Court, E.D. Wisconsin.

March 24, 1983.

Attorney(s) appearing for the Case

Patrick O. Dunphy, Habush, Habush & Davis, Milwaukee, Wis., for plaintiff.

Thomas N. Harrington, Prosser, Wiedabach & Quale, S.C., Milwaukee, Wis., for defendant.

DECISION and ORDER

TERENCE T. EVANS, District Judge.

This is a diversity action in which the A.W. Huss Company, a debtor in possession under Chapter XI of the United States Bankruptcy Laws, has sued Continental Casualty Company (CNA), its automobile liability insurer, for bad faith in the settlement of a claim. CNA has moved for summary judgment.

For purposes of the motion, CNA concedes the allegations of the complaint and other "facts" argued by...

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