William L. Abernethy, Houston D. Havnaer, Sr., and Abernathy's, Inc. v. Utica Mutual Insurance Company

WINTER, Circuit Judge:

In this suit, brought by appellants (the “insureds”) against their insurer (“Utica”) for negligence and bad faith in its failure and refusal to enter into negotiations for a settlement of two death cases against them, to make any offer of settlement therefor, and to accept the offer to settle both cases for $12,500.00, the district judge granted Utica’s motion for judgment at the close of the insureds’ case. Because we think there was sufficient evidence from which the jury, under applicable North Carolina law, might have concluded that Utica was proved guilty of bad…