Legal Opinion
Gregersen v. Aetna Casualty & Surety Co.
District Court, S.D. New York
Decided February 7, 1964PublishedCited by 5 opinions
1Opinion of the Court
THOMAS F. MURPHY, District Judge.
During trial to a jury in which plaintiff was ultimately awarded a verdict of $14,500 the court, on its own motion, raised the question of a possible lack of the required jurisdictional amount. Briefs by both sides were submitted.
The gravamen of plaintiff’s diversity suit was a bad faith refusal by defendant to settle a claim against him within the limits of plaintiff’s policy, as a consequence of which a judgment was entered against him in an amount $14,500 above *205the $50,000 limit of his policy. The amount prayed for in the complaint was $14,500.
Upon…
2Cases cited2 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Melville Harris, as Trustee in Bankruptcy of Leonard Massello and William Massello v. Standard Accident and Insurance CompanyCourt of Appeals for the Second Circuit · 1961
3Cited by5 opinions
- Roldan v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
- Wooten v. Central Mutual Insurance CompanyLouisiana Court of Appeal · 1966
- Kheel v. American Steamship Owners Mutual Protection & Indemnity Ass'nDistrict Court, S.D. New York · 1968
- Frankenmuth Mutual Insurance v. KeeleyMichigan Supreme Court · 1989
- Frankenmuth Mutual Insurance v. KeeleyMichigan Supreme Court · 1989