CONSOLIDATED AUTO WARRANTY CORPORATION v. BANKERS FIRE & MARINE INSURANCE COMPANY

Civ. A. No. 9481.

183 F.Supp. 816 (1960)

CONSOLIDATED AUTO WARRANTY CORPORATION et al., Plaintiffs, v. BANKERS FIRE & MARINE INSURANCE COMPANY, a corporation, Defendant.

United States District Court N. D. Alabama, S. D.

January 13, 1960.


Attorney(s) appearing for the Case

Edward M. deCastro, New York City, and Rives, Peterson, Pettus & Conway, Birmingham, Ala., for plaintiffs.

Spain, Gillon & Young, Ralph Tate and S. R. Starnes, Birmingham, Ala., for defendant.

Leader, Tenenbaum, Perrine & Swedlaw, Birmingham, Ala., for intervenor.


GROOMS, District Judge.

There has been submitted to the Court a motion to strike the amendment to the complaint filed herein on October 20, 1959. This amendment seeks to recover under the provision of the Georgia statute, § 56-706, a penalty and attorneys' fees for alleged bad faith failure to pay an insurance loss. The parties have submitted memorandum briefs which the Court has carefully considered. The Court has also independently researched this question...

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