Hernandez v. Employers Mutual Liability Insurance

GEWIN, Circuit Judge.

In this action the appellant insured sought to recover damages allegedly accruing by reason of the appellee insurance company's breach of its obligation to attempt to settle a claim for personal injuries for which the appellant became liable.

The insured was involved in an automobile accident in which one Copeland was killed. Copeland’s heirs filed suit in a state court against the appellant and appellee, and American Surety, the subrogated compensation insurer of Copeland’s employer, intervened. The liability insurance policy issued by appellee contained a limit of $5000…