Harold A. Bates, Appellant, v. Merchants Mutual Insurance Company, Appellee, 392 F.2d 591 (2d Cir. 1968)

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US Court of Appeals for the Second Circuit - 392 F.2d 591 (2d Cir. 1968) Argued April 11, 1968
Decided April 25, 1968

Appeal by plaintiff in diversity action against insurance company from a judgment in favor of defendant, entered December 16, 1967 after a non-jury trial before Hon. Edmund Port in the Northern District of New York.

Bonney & Nicit, Waterloo, N. Y., on the brief, for appellant.

John C. Kinney, Syracuse, N. Y. (Bond, Schoeneck & King and John M. Freyer, Syracuse, N. Y., on the brief), for appellee.

Before LUMBARD, Chief Judge, and WATERMAN and KAUFMAN, Circuit Judges.


We affirm the judgment in favor of the defendant in this diversity action wherein the plaintiff insured sought to recover from the insurance company for bad faith failure to settle two claims within policy limits, for the reasons stated in Judge Port's opinion below, reported at 277 F. Supp. 308 (N.D.N.Y.1967).