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JOHNSON v. OCCIDENTAL FIRE & CAS. OF NORTH CAROLINA

No. 91-8566.

954 F.2d 1581 (1992)

Lyndon B. JOHNSON, Plaintiff-Appellant, v. OCCIDENTAL FIRE AND CASUALTY COMPANY OF NORTH CAROLINA, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 6, 1992.

Attorney(s) appearing for the Case

David E. Tuszynski, Nickerson & Tuszynski, Atlanta, Ga., for plaintiff-appellant.

R. Clay Porter, Virginia Greer, Dennis, Corry, Porter & Thornton, Atlanta, Ga., for defendant-appellee.

Before HATCHETT and BIRCH, Circuit Judges, and MORGAN, Senior Circuit Judge.

HATCHETT, Circuit Judge:

In this diversity case, we affirm the district court and hold that an insurance company's conditional payment of Georgia's basic no-fault benefits in an effort to settle litigation did not constitute an admission that Georgia no-fault insurance provisions applied, or an admission of liability or bad faith.

I. FACTS

Lyndon B. Johnson, a truck driver for Van Tran Electric Corporation...

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