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BROCHSTEIN v. NATIONWIDE MUTUAL INSURANCE COMPANY

No. 63 C 865.

266 F.Supp. 223 (1967)

Nathan and Manuel BROCHSTEIN, d/b/a Church Avenue Poultry, Plaintiffs, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant.

United States District Court E. D. New York.

March 22, 1967.

Attorney(s) appearing for the Case

Howard Sheldon, New York City (Sheldon & Tarnoff, New York City, of counsel) for plaintiffs.

James T. Whalen, New York City (Whalen and O'Neill, New York City, of counsel), for defendant.

MEMORANDUM

DOOLING, District Judge.

Plaintiff assureds seek to recover from their casualty insurer the amount in excess of the insurance policy limits that they paid to settle an adverse judgment in a personal injury case. The claim is based on the insurer's failure to accept an offer to settle the case before verdict at 80% of the policy limits. The verdict, full but not legally excessive, was for 190% of the policy limits and, with interest and costs ...

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