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ALLSTATE INS. CO. v. HERRON

No. 09-35203.

634 F.3d 1101 (2011)

ALLSTATE INSURANCE COMPANY, Plaintiff-Appellee, v. Charles HERRON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 10, 2011.

Attorney(s) appearing for the Case

Mark A. Sandberg , Sandberg, Wuestenfeld & Corey, Anchorage, AK, argued the cause for Appellants and filed the briefs.

Gary A. Zipkin , Guess & Rudd, Anchorage, AK, argued the cause for Appellee. Mark Wilkerson, Wilkerson Hozubin, Anchorage, AK, filed the brief.

Before: MARY M. SCHROEDER, DIARMUID F. O'SCANNLAIN and RICHARD R. CLIFTON, Circuit Judges.

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide, among other issues, whether an insurance company's failure to settle a claim against its insured by a claimant's stated settlement deadline constitutes a breach of the insurer's duty of good faith and fair dealing under Alaska law.

I

A

On September 14, 2002, Charles Herron was involved in a single-car accident, in which his passenger Angelina Trailov was severely injured.

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