Gaskill v. Preferred Risk Mutual Insurance Company, 10711.

Decision Date16 January 1967
Docket NumberNo. 10711.,10711.
Citation371 F.2d 792
PartiesLewis E. GASKILL, Jr., Appellee, v. PREFERRED RISK MUTUAL INSURANCE COMPANY, Appellant.
CourtU.S. Court of Appeals — Fourth Circuit

Edward C. Mackie, Baltimore, Md. (Samuel S. Smalkin, Hyman Ginsberg, Rollins, Smalkin, Weston & Andrew, and Ginsberg & Ginsberg, Baltimore, Md., on brief), for appellant.

Francis D. Murnaghan, Jr., Baltimore, Md. (Melvin J. Sykes, Baltimore, Md., on brief), for appellee.

Before BOREMAN and CRAVEN, Circuit Judges, and RUSSELL, District Judge.

PER CURIAM:

This is an appeal from a judgment based upon the District Court's finding of bad faith on the part of Preferred Risk Mutual Insurance Company in failing to accept offers, made by the plaintiffs in an automobile accident case brought against Preferred's insured, to settle for an amount within the limits of coverage provided by its policy of liability insurance. The court below made detailed and comprehensive findings of subsidiary facts to support the ultimate finding of insurer's bad faith in conducting negotiations and in refusing offers of settlement.

We affirm on the opinion of the District Court.1

Affirmed.

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12 cases
  • Pulte v. Parex
    • United States
    • Court of Special Appeals of Maryland
    • May 24, 2007
    ...Co., 871 F.2d 1128, 1132-33 (D.C.Cir.1989); Gaskill v. Preferred Risk Mut. Ins. Co., 251 F.Supp. 66, 68-69 (D.Md.1966), aff'd, 371 F.2d 792 (4th Cir. 1967); Lee v. Nationwide Mut. Ins. Co., 286 F.2d 295, 298 (4th Cir.1961). The insured or his or her assignee will be permitted to recover the......
  • Davis v. National Grange Insurance Company
    • United States
    • U.S. District Court — Eastern District of Virginia
    • February 15, 1968
    ...2 Payment of judgment not a prerequisite to right of insured to bring suit. Gaskill v. Preferred etc., D.C., 251 F.Supp. 66, affirmed 4 Cir., 371 F.2d 792; Jessen v. O'Daniel, D.C., 210 F.Supp. 317, affirmed National Farmers Union Property & Cas. Co. v. O'Daniel, 9 Cir., 329 F.2d 60; Chitty......
  • Fireman's Fund Ins. Co. v. Continental Ins. Co.
    • United States
    • Maryland Court of Appeals
    • September 1, 1986
    ...faith theory of liability as explained in Gaskill v. Preferred Risk Mutual Insurance Co., 251 F.Supp. 66, 68 (D.Md.1966), aff'd, 371 F.2d 792 (4th Cir.1967). Thus, we held that an insurer's refusal to settle must have "consist[ed] of an informed judgment based on honesty and diligence" to a......
  • Tyler v. Peel Corporation
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • January 25, 1967
    ... ... had been instructed by the Georgia Power Company to remove these lines before commencing the ... theories, e.g., voluntary assumption of risk, contributory negligence, which might isolate the ... ...
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