Bohemia, Inc. v. The Home Insurance Company

725 F.2d 506 BOHEMIA, INC., a corporation, and Employer's Mutual Casualty Co., a corporation, Plaintiffs-Appellants Cross-Appellees, v. The HOME INSURANCE COMPANY, a corporation, Defendant-Appellee Cross-Appellant. Nos. 82-3666, 82-3667. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 8, 1983. Decided Feb. 7, 1984. 1 Thomas H. Tongue, Morrison, Dunn, Miller, Carney & Allen, Portland, Or., for plaintiffs-appellants cross-appellees. 2 J.P. Graff, Ken Roberts, Schwabe, Williamson, Wyatt, Moore & Roberts, Portland, Or., for defendant-appellee cross-appellant. 3 Appeal from the United States District Court for the District of Oregon. 4 Before FLETCHER and ALARCON, Circuit Judges, and JAMESON, * District Judge. JAMESON, District Judge: 5 Bohemia Inc., the insured, and Employer's Mutual Casualty Co., its excess insurer, appeal from a judgment dismissing an action on a marine insurance policy against The Home Insurance Company, the primary insurer, based upon the decision of the district court that Home was neither negligent nor guilty of bad faith in its investigation of and refusal to settle a wrongful death claim against Bohemia. We affirm. I. Facts 6…