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BENKERT v. MEDICAL PROTECTIVE CO.

Nos. 86-1177, 86-1587.

842 F.2d 144 (1988)

Jack E. BENKERT, M.D.; Allen B. Couch; and Hartford Accident & Indemnity Company, a foreign corporation, Plaintiffs-Appellants, v. MEDICAL PROTECTIVE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 16, 1988.

Attorney(s) appearing for the Case

Dennis J. Mendis, Feikens, Foster, Vandermale and DeNardis, P.C., Detroit, Mich., Lee A. Stevens, argued, for plaintiffs-appellants.

Richard A. Patterson, argued, Bloomfield Hills, Mich., for defendant-appellee.

Before ENGEL and RYAN, Circuit Judges, and PECK, Senior Circuit Judge.

RYAN, Circuit Judge.

Plaintiffs-appellants in this diversity action raise two issues in their appeal from the district court's order dismissing their state law claims against the defendant-appellee Medical Protective Company:

— Whether an insured may recover exemplary damages and damages for mental distress in an action against his insurer based on the insurer's alleged bad faith failure to settle a medical malpractice claim against the insured, and...

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