[Download] "Cowden v. Aetna Casualty and Surety Company." by Supreme Court of Pennsylvania * Book PDF Kindle ePub Free

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eBook details

• Title: Cowden v. Aetna Casualty and Surety Company.
• Author : Supreme Court of Pennsylvania
• Release Date : January 28, 1957
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 77 KB

Description

This appeal grows out of an action in trespass by the plaintiff for the recovery of damages from the liability-insurer of his automobile trucks because of the insurers refusal to participate in a proposed settlement of a law suit against the insured and another jointly for personal injuries sustained by a third person in a collision between one of the insureds trucks and a passenger automobile of the other alleged tort-feasor. The suggested settlement contemplated payment by the defendant insurer of full coverage under its policy and was designed to effect a saving to the insured in the quantum of the excess liability he would otherwise be required to pay if the ultimate verdict was greater than the amount of the proposed settlement which is what later happened. In his suit against The Aetna Caualty and Surety Company, his insurer, Cowden, as plaintiff in the instant action, alleged that the insurance company was guilty of "negligent, willful, reckless and fraudulent disregard ... of its fiduciary obligations and duties to plaintiff" whereby the plaintiff suffered the damages claimed.

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