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SMITH v. MARYLAND CAS. CO.

No. 83-1699.

742 F.2d 167 (1984)

Elbert Wayne SMITH, Appellant, v. MARYLAND CASUALTY COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 24, 1984.

Rehearing and Rehearing Denied September 24, 1984.

Attorney(s) appearing for the Case

Kenneth M. Suggs, Columbia, S.C. (Suggs & Kelly, Columbia, S.C., on brief), for appellant.

Thornwell F. Sowell, III, Columbia, S.C. (Joel H. Smith, Nelson, Mullins, Grier & Scarborough, Columbia, S.C., on brief), for appellee.

Before WIDENER and HALL, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Rehearing and Rehearing In Banc Denied September 24, 1984.

BUTZNER, Senior Circuit Judge:

Elbert Wayne Smith appeals from a summary judgment that dismissed his action against Maryland Casualty Company on the ground that the company's refusal to settle an insurance claim was not, as a matter of law, unreasonable or in bad faith. We vacate the judgment and remand.

I

This case arose out of an automobile accident in which Timothy A. McNeese,...

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