Herman Fritz v. Allstate Insurance Company

62 F.3d 1424 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Herman FRITZ, Plaintiff-Appellant, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee. No. 93-16339. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 16, 1995. Decided July 28, 1995. Before: FLETCHER, PREGERSON, and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Plaintiff Herman Fritz appeals a summary judgment denying his claims of bad faith against defendant Allstate Insurance. We affirm in part and reverse in part. FACTS 3 On September 12, 1988, Fritz was standing on the roadside with his bicycle when a pickup truck driven by Jean Clouette, Allstate's insured, struck him, causing severe injuries to his leg. Clouette returned to his home and committed suicide. Allstate insured Clouette for a maximum of $50,000. Fritz submitted a claim to Allstate for his injuries. 4 Clouette died intestate. Clouette's property, including the truck, was held in joint tenancy with right of survivorship with his…