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GRUMBLING v. MEDALLION INSURANCE COMPANY

Civ. No. 74-485.

392 F.Supp. 717 (1975)

John R. GRUMBLING, Individually and as Personal Representative of the Estate of Freida Mae Grumbling, Deceased, Plaintiff, v. MEDALLION INSURANCE COMPANY, a Missouri Corporation, Defendant.

United States District Court, D. Oregon.

May 8, 1975.

Attorney(s) appearing for the Case

Roger B. Todd, North Bend, Or., for plaintiff.

James G. Breathouwer, Portland, Or., for defendant.

OPINION

BURNS, District Judge:

NATURE OF THE CASE:

This is an excess judgment case with an unusual twist. May an insurer be held liable for the excess of a judgment over its policy limits when it fails to respond within a fifteen-day period specified in a lawyer's letter offering to settle for the policy limits, even though it offered to pay those limits on the eighteenth day after the letter was received...

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