Byrnes v. Phoenix Assurance Company of New York

GRUBB, District Judge.

The case is before the court on defendant’s motion for summary judgment.

This is an action by the trustee for Charles Albert Lund, bankrupt (Lund), for the benefit of creditors. The trustee claims damages in the amount of $73,-306.39 plus interest, allegedly resulting from defendant’s failure to exercise good faith in failing to settle a personal injury action arising out of a collision between an automobile driven by the bankrupt and another driven by Montgomery Ward Thorne (Thorne) in which Carol Lind (Lind) was a passenger. Defendant (Phoenix) was Lund’s insurer, and…