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GREAT AMERICAN INS. CO. v. INTERNATIONAL INS. CO.

Civ. No. 87-171-ALB/AMER(DF).

753 F.Supp. 357 (1990)

GREAT AMERICAN INSURANCE CO., Plaintiff, v. INTERNATIONAL INSURANCE CO., Defendant.

United States District Court, M.D. Georgia, Albany/Americus Division.

December 10, 1990.

Attorney(s) appearing for the Case

Robert M. Darroch, Cynthia B. Smith, Darroch & Obenshain, Atlanta, Ga., for plaintiff.

J. Sherrod Taylor, Taylor & Harp, Columbus, Ga., Michael A. Fennessy, William J. Murray, Americus, Ga., J. M. Hudgins, IV, Stephen H. Sparwath, Long, Weinberg, Ansley & Wheeler, Atlanta, Ga., for defendant.

FITZPATRICK, District Judge.

The following case involving plaintiff's alleged negligent or bad faith refusal to settle an automobile accident case between its insured and Tammy Lee Fortner was tried before the court sitting without a jury on October 29, 1990 through November 6, 1990. The court heard final argument in the case on November 9, 1990. Set forth below are its findings of fact and conclusions of law.

I. FINDINGS OF FACT

On April 4, 1985...

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