Shapero

In this action against a casualty insurance company for damages for its failure to settle a claim within the policy limits, the jury returned a verdict in favor of the defendant, and plaintiff has appealed from the judgment. A unique feature of the case is that the insured died in the accident from which the claim against her arose, and left no property. Upon the record made here we affirm the judgment.

On December 25, 1969, plaintiff Wallace Shapero was riding in the back seat of his station wagon, operated by his wife Joanna, when it collided with a Volkswagen, traveling in the opposite direction, which swerved into its path. The occupants of the Volkswagen, Betty Jane Bronson and Arlene Woods Newcomb, were killed in the collision and both of the Shaperos were injured. The Volkswagen was owned by Lesley Yeager, who had left it with Mrs. Newcomb.

Miss Bronson was insured under a policy issued by defendant Allstate covering her liability up to a limit of $10,000 for each person injured and $20,000 for each accident. Miss Yeager, and anyone using the Volkswagen with her permission, were insured under a policy issued by Interinsurance Exchange of the Automobile Club of…