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5th Cir agent alleged Allstate amount Annot appeal assignment attorney attorney's fees breach of contract California Casualty cause of action claim for benefits claimant claims personnel client compensation compensatory damages complaint court held covenant coverage declaratory relief defendant's defense counsel denial denied disability emotional distress employee evidence excess judgment excess liability facts failure to settle fair dealing faith and fair Farm Mut Fire fraud Indem infliction of emotional insurance company insurance contract insurance policy insurer's duty insurer's failure intentional infliction interrogatory issue judgment creditor jurisdictions jury liability insurer litigation loss ment mental distress Mutual Insurance Mutual of Omaha Nat'l Nationwide Mut negligence offer to settle payment plaintiff's claim plaintiffs counsel policy benefits policy limits policyholder punitive damages reasonable recover recovery refusal to pay refusal to settle result Rptr settlement offer Stat statute Supp supra third party tion tort tortious verdict