Christian v. Preferred Acc. Ins. Co.

LEMMON, District Judge.

The complaint charges defendants, plaintiffs liability automobile insurance carriers, with failure to settle a lawsuit brought by one who was injured through plaintiff’s operation of the insured automobile, in which a judgment was entered in excess of the insurance policy limits.

The complaint sets forth two causes of action. The theory in the first cause is negligence of defendant in failing to settle the case, and in the second that defendants acted in bad faith toward plaintiff in their performance under the insurance contract.

A pre-trial conference was had at which…