Legal Opinion
Frank Ging, Administrator of the Estate of Father Bernard Morgan v. American Liberty Insurance Company
Court of Appeals for the Fifth Circuit
Decided February 27, 1970No. 27336PublishedCited by 35 opinions
1Opinion of the Court
CLARK, Circuit Judge.
Because an insurance company actually did undertake the complete defense of its insured to a suit seeking both compensatory and punitive damages, the company had the duty of acting in good faith toward its insured as to the entire undertaking. The court below 1 erred in granting summary judgment based upon its premise that since the company owed no duty relative to punitive damages, it was free to act in bad faith toward its insured as to that element of the litigation. We reverse for a trial.
The essential facts are outlined most favorably to the appellant 2 On the night…
2Cases cited12 opinions
- Northwestern National Casualty Company of Milwaukee, Wisconsin v. Edward A. McNulty and Walter Scott SmithCourt of Appeals for the Fifth Circuit · 1962
- Lighting Fixture and Electric Supply Co. Inc. v. The Continental Insurance Co., and Electric Supply Co. Inc.Court of Appeals for the Fifth Circuit · 1969
- American Fidelity & Casualty Company, Inc. v. Pennsylvania Threshermen & Farmers' Mutual Casualty Insurance CompanyCourt of Appeals for the Fifth Circuit · 1960
- Harvey Thomas Smoot, Jr. v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1962
- Tabacalera Severiano Jorge, S.A., and Severiano Jorge v. Standard Cigar CompanyCourt of Appeals for the Fifth Circuit · 1968
7 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Boston Old Colony Ins. Co. v. GutierrezSupreme Court of Florida · 1980
- George L. CHARLIER and George B. Russell, Plaintiffs-Appellants, v. S. C. JOHNSON & SON, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1977
- Hans E. Kivi and Carol A. Kivi, Individually and as Husband and Wife v. Nationwide Mutual Insurance Company, a Foreign Corporation, DefendantCourt of Appeals for the Eleventh Circuit · 1983
- Hensley v. Erie Insurance Co.West Virginia Supreme Court · 1981
- J.B. Aguerre, Inc. v. American Guarantee & Liability InsuranceCalifornia Court of Appeal · 1997
30 more not listed; retrieve them via the Exa API.