SZUMIGALA v. NATIONWIDE MUT. INS. CO.

No. 88-4063 Summary Calendar.

853 F.2d 274 (1988)

David SZUMIGALA and Brenda Szumigala, Individually, and as Administratrix of the Estate of Michael Szumigala, Deceased, Plaintiffs-Appellees Cross-Appellants, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

July 26, 1988.


Attorney(s) appearing for the Case

James N. Compton, Peter C. Abide, Biloxi, Miss., for defendant-appellant cross-appellee.

Lyle M. Page, Fred Mannino, Ronald S. Cochran, Biloxi, Miss., for plaintiffs-appellees cross-appellants.

Before GEE, RUBIN, and SMITH, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

Appellees David and Brenda Szumigala brought this Mississippi diversity action alleging that appellant Nationwide Mutual Insurance Company ("Nationwide") had refused in bad faith to pay insurance claims for combined, or "stacked,"1 medical payment coverages and for uninsured motorist benefits. The Szumigalas sued on two Nationwide auto policies: one policy covering three vehicles and the other policy covering...

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