MOORE v. UNITED SERVICES AUTO. ASS'N

Nos. 86-4477, 86-4688.

819 F.2d 101 (1987)

Orma Gale MOORE, Plaintiff-Appellant, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, et al., Defendants-Appellees. Orma Gale MOORE, Plaintiff-Appellee, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 11, 1987.


Attorney(s) appearing for the Case

C.R. McRae, Margaret P. Ellis, Pascagoula, Miss., for Moore.

Leslie Scott Sheffield, Bryan, Nelson, Allen, Schroeder & Cobb, Biloxi, Miss., for U.S. Auto. Ass'n.

Before CLARK, Chief Judge, POLITZ, and HIGGINBOTHAM, Circuit Judges.


CLARK, Chief Judge:

The determinative issue presented by this appeal is whether a third party's claim against an insurer for bad faith refusal to settle is separate and independent from a claim against the insured for damages resulting from an automobile accident. We hold that the district court erred in holding it was and reverse.

I.

On January 27, 1979, a van driven by Francis Shine struck the rear of a tractor-trailer rig. The truck was stopped...

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