Great American Insurance v. International Insurance

FITZPATRICK, District Judge.

The following case involving plaintiff’s alleged negligent or bad faith refusal to settle an automobile accident ease between its insured and Tammy Lee Fortner was tried before the court sitting without a jury on October 29, 1990 through November 6, 1990. The court heard final argument in the case on November 9, 1990. Set forth below are its findings of fact and conclusions of law.

I. FINDINGS OF FACT

On April 4, 1985, Herman T. Heath, while working as a driver for T & R Custom, Incorporated (T & R), was involved in a fatal collision with an employee of the Sumter…