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BENNETT v. MUTUAL OF OMAHA INS. CO.

Nos. 91-7870, 92-6020.

976 F.2d 659 (1992)

Gus A. BENNETT, Plaintiff-Appellant, v. MUTUAL of OMAHA INSURANCE COMPANY, Defendant-Appellee. Gus A. BENNETT, Plaintiff-Appellee, v. MUTUAL of OMAHA INSURANCE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 4, 1992.

Attorney(s) appearing for the Case

Dewayne N. Morris, Morris & Holmes, P.C., Birmingham, Ala., for Bennett.

Braxton Schell, Jr., Bradley Arant Rose & White, Birmingham, Ala., for Mutual of Omaha Ins.

Before ANDERSON, Circuit Judge, HILL and ESCHBACH, Senior Circuit Judges.

ANDERSON, Circuit Judge:

Appellant, Gus A. Bennett, appeals from the district court's entry of summary judgment against him on his claim of bad faith refusal to pay his direct insurance claim. Cross-appellant, Mutual of Omaha (Mutual), appeals from the district court's denial of its motion for summary judgment on Bennett's breach of contract claim. For the reasons that follow, we affirm each of the district court's orders.

I. BACKGROUND

A. The...

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