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GARDNER v. AETNA CAS. & SUR. CO.

No. 87-2593.

841 F.2d 82 (1988)

John E. GARDNER, Jr., Plaintiff-Appellant, v. AETNA CASUALTY & SURETY COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 4, 1988.

Attorney(s) appearing for the Case

Anthony Franklin Anderson, Roanoke, Va., for plaintiff-appellant.

Edward Hutton Starr (Mays & Valentine, Richmond, Va., on brief), for defendant-appellee.

Before WIDENER and HALL, Circuit Judges, and BULLOCK, United States District Judge for the Middle District of North Carolina, sitting by designation.

K.K. HALL, Circuit Judge:

John E. Gardner, an oral surgeon who formerly practiced in the Roanoke, Virginia, area, appeals an order of the district court granting summary judgment in favor of the provider of his medical malpractice insurance, Aetna Casualty & Surety Company ("Aetna"). In a civil action brought pursuant to diversity jurisdiction, Gardner alleged that Aetna breached an implied covenant of good faith by settling a malpractice claim against him without...

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