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OPPEL v. EMPIRE MUT. INS.

No. 81 Civ. 2675.

517 F.Supp. 1305 (1981)

Glenese OPPEL, as Assignee of Antonio DiGangi and Giovanni DiGangi, and Glenese Oppel, on Behalf of her infant son, Kenneth Oppel, Plaintiffs, v. EMPIRE MUTUAL INSURANCE COMPANY, All-City Insurance Company and Raymond J. MacDonnell, Defendants.

United States District Court, S. D. New York.

July 16, 1981.

Attorney(s) appearing for the Case

Abbott & Bushlow, Ridgewood, N. Y., for plaintiffs; Bruce E. Bushlow, Ridgewood, N. Y., of counsel.

Martin K. Kahn, Brooklyn, N. Y., for defendants.

OPINION

EDWARD WEINFELD, District Judge.

This is a "bad faith" action brought against an insurer for alleged failure to settle a claim arising out of an automobile accident in which its insured was involved for an amount within the limits of the policy. The policy limit was $10,000. Upon a trial, the injured, who was an infant, recovered a judgment against the insured in the sum of $420,850.25. The assured thereafter...

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