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ROMSTADT v. ALLSTATE INS. CO.

No. 94-3326.

59 F.3d 608 (1995)

Kenneth M. ROMSTADT, Plaintiff-Appellant, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 17, 1995.

Attorney(s) appearing for the Case

George C. Rogers, Rogers, Godbey & Horner, Toledo, OH (argued and briefed), for plaintiff-appellant.

John D. Willey, Jr., Eastman & Smith, Toledo, OH (argued and briefed), for defendant-appellee.

Before: JONES and SILER, Circuit Judges; WISEMAN, District Judge.

NATHANIEL R. JONES, Circuit Judge.

Plaintiff Kenneth Romstadt is appealing summary judgment for Defendant Allstate Insurance Company ("Allstate") in this diversity action alleging bad faith denial of an insurance claim. For the reasons that follow, we hold that in order for an injured third party to bring a claim against an insurer for bad faith in failing to settle within policy limits, there must first be an adjudicated excess judgment entered against the insured...

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