Ging v. American Liberty Insurance Company
District Court, N.D. Florida
1Opinion of the Court
OPINION
ARNOW, District Judge.
The issue before the Court on Defendant’s motion for summary judgment may be stated as follows: Can an insured recover from his insurer the amount of a judgment awarded against him in excess of the limits of his automobile liability insurance policy on the basis of the insurer’s bad faith refusal to settle where the amount of the excess judgment is measured by a jury award for punitive damages ?
This Court is of the opinion that he may not, and that Defendant’s motion should be granted as a matter of law.
The undisputed facts upon which this case arose may be…
2Cases cited14 opinions
- Northwestern National Casualty Company of Milwaukee, Wisconsin v. Edward A. McNulty and Walter Scott SmithCourt of Appeals for the Fifth Circuit · 1962
- Hilker v. Western Automobile InsuranceWisconsin Supreme Court · 1931
- American Fidelity & Casualty Company, Inc. v. Pennsylvania Threshermen & Farmers' Mutual Casualty Insurance CompanyCourt of Appeals for the Fifth Circuit · 1960
- Harvey Thomas Smoot, Jr. v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1962
- Auto Mutual Indemnity Co. v. ShawSupreme Court of Florida · 1938
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Baxter v. Royal Indemnity CompanyDistrict Court of Appeal of Florida · 1973
- Dayton Hudson Corp. v. American Mutual Liability Insurance Co.Supreme Court of Oklahoma · 1980
- First National Bank v. Fidelity & Deposit Co.Court of Appeals of Maryland · 1978
- Frank Ging, Administrator of the Estate of Father Bernard Morgan v. American Liberty Insurance CompanyCourt of Appeals for the Fifth Circuit · 1970
- AIR LINE EMP. ASS'N INT'L v. TurnerDistrict Court of Appeal of Florida · 1974
6 more not listed; retrieve them via the Exa API.