Gedeon v. State Farm Mutual Automobile Insurance Co.

OPINION

DUMBAULD, District Judge.

The facts in this case are set forth in prior opinions, 227 F.Supp. 342 and 342 F.2d 15. Trial has been held to resolve the issues remaining open under the opinion of the Court of Appeals: (1) Was there a breach of the fiduciary duty of the insurance company to handle the claim against the insured? (342 F.2d at 16-17) and (2) Does the defense of statute of limitations apply to this cause of action? (342 F.2d at 17). We have reviewed all the points raised by the argument at the trial, but adhere to all that was decided in our former opinion except to the extent…