Legal Opinion
Edwin B. Seward v. State Farm Mutual Automobile Insurance Company
Court of Appeals for the Fifth Circuit
Decided March 20, 1968No. 24553PublishedCited by 34 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
The question before us is whether an insurer is liable to one of its insureds for damages in excess of the limits of the insured’s automobile liability policy for having wrongfully refused to defend the insured in a suit that resulted in a judgment exceeding the amount of the policy. The insurer argues: No — not unless there is an offer of settlement the insurer might have accepted, or used as the basis for negotiation of a settlement, lower than the amount of the judgment. Erie binds us to Florida law. Unfortunately, the Florida courts have not decided the question as…
2Cases cited16 opinions
- Comunale v. Traders & General InsuranceCalifornia Supreme Court · 1958
- Auto Mutual Indemnity Co. v. ShawSupreme Court of Florida · 1938
- American Fidelity and Casualty Company, Inc. v. The Greyhound CorporationCourt of Appeals for the Fifth Circuit · 1956
- Lola Burton, as Administratrix of the Estate of William C. Burton v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1964
- Dotschay v. National Mutual Insurance CompanyCourt of Appeals for the Fifth Circuit · 1957
11 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Gordon v. Nationwide Mutual InsuranceNew York Court of Appeals · 1972
- Larry Luke, Individually v. American Family Mutual Insurance Company, American Family Mutual Insurance Company v. Larry Luke, IndividuallyCourt of Appeals for the Eighth Circuit · 1973
- Stanley Green, as Assignee of Dexter Hopkins, Cross v. The J.C. Penney Auto Insurance Company, Inc., a Corporation, Defendant- Cross-AppellantCourt of Appeals for the Seventh Circuit · 1986
- State Farm Mutual Automobile Insurance v. Allstate InsuranceCalifornia Court of Appeal · 1970
- Liberty Mutual Insurance Company v. Oliver Davis and Lillie Mae DavisCourt of Appeals for the Fifth Circuit · 1969
29 more not listed; retrieve them via the Exa API.