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AMERICAN HOME ASSUR. CO. v. LIBERTY MUT. INS. CO.

No. 84-1294.

772 F.2d 1161 (1985)

AMERICAN HOME ASSURANCE COMPANY, Plaintiff-Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 26, 1985.

Attorney(s) appearing for the Case

B.I. Stanczyk, Plunkett, Cooney, Rutt, Watters, Stanczyk, Pedersen, Christine D. Oldani (argued), Dennis Rhodes, Detroit, Mich., for plaintiff-appellant.

Ralph W. Barbier, Jr., Susan J. Sadler, Thomas H. Hill (argued), Mt. Clemens, Mich. for defendant-appellee.

Before MARTIN and CONTIE, Circuit Judges; and HOGAN, Senior District Judge.

PER CURIAM.

In this diversity action, American Home Assurance Company appeals from a judgment entered against it after a bench trial on a claim that Liberty Mutual Insurance Company breached a duty of good faith owed to American. The controversy arose when Liberty, the primary insurer of an automobile liability insurance policy, failed to settle a claim made under the policy with the result that American, the excess liability carrier on the automobile, was called...

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