Legal Opinion
Hans E. Kivi and Carol A. Kivi, Individually and as Husband and Wife v. Nationwide Mutual Insurance Company, a Foreign Corporation, Defendant
Court of Appeals for the Eleventh Circuit
Decided January 17, 1983No. 81-5687PublishedCited by 63 opinions
1Opinion of the Court
DYER, Senior Circuit Judge:
In a non-jury trial, 1 the district court found that Nationwide had acted in bad faith in failing to settle the Kivis’ claim against its insured for $15,000, a sum within its policy limits. It appeals from a judgment entered against it for $375,000. Nationwide contends that it did not have any reasonable offered opportunity to settle within its policy limits; that the attorney’s fees awarded were grossly excessive; and that taxing as costs an expert witness fee of $1,000 was in error. We affirm the award of damages and attorney’s fees and reverse the award of expert…
2Cases cited16 opinions
- Boston Old Colony Ins. Co. v. GutierrezSupreme Court of Florida · 1980
- United States v. Marrian Kolesar and Andrew Kolesar, Her HusbandCourt of Appeals for the Fifth Circuit · 1963
- Henkel v. Chicago, St. Paul, Minneapolis & Omaha Ry. Co.Supreme Court of the United States · 1932
- Armstrong Cork Company and Armstrong World Industries, Inc., Plaintiffs- Cross-Appellees v. World Carpets, Inc., Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1979
- Edwin Green, Jr., as Administrator of the Estate of Edwin Green, Deceased, and Mary Green v. American Tobacco CompanyCourt of Appeals for the Fifth Circuit · 1962
11 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Cates v. Sears, Roebuck & Co.Court of Appeals for the Fifth Circuit · 1991
- Clausen v. M/V New CarissaCourt of Appeals for the Ninth Circuit · 2003
- Scott Peckham v. Continental Casualty Insurance Co., Scott Peckham v. Continental Casualty Insurance Co.Court of Appeals for the First Circuit · 1990
- Duckworth v. WhisenantCourt of Appeals for the Eleventh Circuit · 1996
- Sheila Ann Glenn, Patricia F. Johns, and Robbie Nugent v. General Motors Corporation, Saginaw Steering Gear DivisionCourt of Appeals for the Eleventh Circuit · 1988
58 more not listed; retrieve them via the Exa API.