Joyce Alene Baton, Personal Representative of the Estate of Jon Baton, Deceased v. Transamerica Insurance Company, a Corporation v. Cavalier Insurance Corporation, a Corporation, Joyce Alene Baton, Personal Representative of the Estate of Jon Baton, Deceased v. Transamerica Insurance Company, a Corporation v. Cavalier Insurance Corporation, a Corporation

584 F.2d 907 Joyce Alene BATON, Personal Representative of the Estate of Jon Baton, Deceased, Plaintiff-Appellee, v. TRANSAMERICA INSURANCE COMPANY, a corporation, Defendant, v. CAVALIER INSURANCE CORPORATION, a corporation, Defendant-Appellant. Joyce Alene BATON, Personal Representative of the Estate of Jon Baton, deceased, Plaintiff-Appellant, v. TRANSAMERICA INSURANCE COMPANY, a corporation, Defendant-Appellant, v. CAVALIER INSURANCE CORPORATION, a corporation, Defendant. Nos. 77-3137, 77-3138. United States Court of Appeals, Ninth Circuit. Oct. 26, 1978. William F. Schulte, Edwin J. Welsh, Portland, Or., for defendant-appellant. Michael A. Lehner, Walter J. Cosgrave, Portland, Or., for plaintiff-appellee. Appeal from the United States District Court for the District of Oregon. Before WRIGHT and GOODWIN, Circuit Judges, and JAMESON * , District Judge. GOODWIN, Circuit Judge: 1 These combined appeals arise from the confluence of a fatal accident, clear liability, and minimal insurance policy limits. Plaintiffs sought in this litigation to create excess "coverage" out of an insurer's failure to settle within policy limits and within plaintiff's time deadline. The plaintiff…