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DELANCY v. ST. PAUL FIRE & MARINE INS. CO.

No. 89-8715.

947 F.2d 1536 (1991)

Ben and Audrey DELANCY, as Co-Administrators and on Behalf of Estate of Dr. Herman Delancy, Plaintiffs-Appellants, v. ST. PAUL FIRE & MARINE INSURANCE CO., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 6, 1991.

Attorney(s) appearing for the Case

Brent J. Savage, Dorothy W. Courington, Laura J. Tromly, Adams, Gardner, Ellis, Inglesby & Falligant, Savannah, Ga., for plaintiffs-appellants.

Earl W. Gunn, Sidney F. Wheeler, Glenn E. Kushel, Roger Mills, Long, Weinberg, Ansley & Wheeler, Atlanta, Ga., Frank W. Seiler, Bouhan, Williams & Levy, Savannah, Ga., for defendant-appellee.

Before TJOFLAT, Chief Judge, CLARK and ESCHBACH, Senior Circuit Judges.

TJOFLAT, Chief Judge:

In this tort action, the representatives of Dr. Herman Delancy's estate sued St. Paul Fire and Marine Insurance Company (St. Paul), Dr. Delancy's malpractice liability insurer, for negligent or bad faith failure to settle a suit against Dr. Delancy. The district court granted summary judgment to St. Paul, and the plaintiffs appeal.1 The plaintiffs ask us to hold, under Georgia law, that when a liability insurer knows...

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