in the light of all circumstances known at the time.
The statute of limitations would begin to run at that time with respect to such a breach of fiduciary duty. Guida v. Giller, 406 Pa. 111, 116, 176 A.2d 903 (1962).
Searching the record in the case at bar to determine when, if ever, such an offer of settlement was unreasonably refused by the insurer, we find that no such event ever occurred. There never came a time when an offer of settlement within the policy limits was made to and refused by the insurer.
Much was said at the argument about the insurer having refused an opportunity to settle the case for $1,907.45. This we believe refers to the proof of loss, dated October 5, 1955, submitted to the insurer, specifying that amount of loss under coverages C, F, and H for funeral expenses, towing charges and collision damage to the car. (PX A-2). Nothing was said about coverage A, dealing with public liability. (See policy PX A-1).
The suit under the wrongful death act by Gedeon in his fiduciary capacity against himself individually as a negligent driver was not filed until January 5, 1956, at No. 234 February Term, 1956 in the Court of Common Pleas of Washington County.
Hence the proof of loss dated October 5, 1955, cannot possibly be regarded as an offer to settle the suit not filed until the following January to establish liability which the insurer would be obligated to handle under coverage A of the policy.
It follows, therefore, that there never was a breach of the insurer's fiduciary obligation regarding settlement negotiations. Plaintiff's claim under this head is defeated, not by the statute of limitations, but on the merits.
And now, this 9th day of December, 1966, for the reasons set forth in the foregoing opinion,
It is ordered that judgment be and the same hereby is rendered for plaintiff Louis T. Gedeon, administrator of the estate of Elaine Edith Gedeon, deceased, and against defendant State Farm Mutual Automobile Insurance Company, in the amount of $10,000.00, together with costs of suit and interest at the rate of 6% from and after November 25, 1957.
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