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GEDEON v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO.

Civ. A. Nos. 63-1020, 63-1021.

261 F.Supp. 122 (1966)

Louis T. GEDEON, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. Louis T. GEDEON, Administrator of the Estate of Elaine Edith Gedeon, deceased, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

United States District Court W. D. Pennsylvania.

September 12, 1966.

Attorney(s) appearing for the Case

Paul A. Simmons, Tempest & Simmons, Monongahela, Pa., for plaintiff.

Francis H. Patrono, Patrono & Edwards, Washington, Pa., for defendant.

OPINION

DUMBAULD, District Judge.

The facts in this case are set forth in prior opinions, 227 F.Supp. 342 and 342 F.2d 15. Trial has been held to resolve the issues remaining open under the opinion of the Court of Appeals: (1) Was there a breach of the fiduciary duty of the insurance company to handle the claim against the insured? (342 F.2d at 16-17) and (2) Does the defense of statute...

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