John Klingman v. National Indemnity Company

HASTINGS, Chief Judge.

Plaintiff John Klingman brought this action against defendant National Indemnity Company (National) to recover damages occasioned by defendant’s alleged bad faith in failing to settle within its policy limits a claim for personal injuries arising out of an automobile accident. Based on plaintiff’s complaint, defendant’s answer, defendant’s motion for summary judgment and affidavits in support of and in opposition to such motion, the district court granted summary judgment, 1 dismissing plaintiff’s complaint on the merits. This appeal followed.

The following facts appear…