American Surety Co. of New York v. J. F. Schneider & Son, Inc.

MONTGOMERY, Judge.

American Surety Company of New York appeals from a judgment in the sum of $2,700 in favor of J. F. Schneider & Son, Inc., of Middlesboro. The basis of the claim was that the appellant, in bad faith, failed to settle two damage actions against appellee.

Several grounds are urged for reversal. It is necessary to discuss only whether appellee proved bad faith on the part of the appellant, the single issue submitted to the jury. Appellant’s motion for a directed verdict and motion for a judgment notwithstanding the verdict were overruled.

Appellant was the insurer of the trucks…