[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 05-11793
September 7, 2005
Non-Argument Calendar THOMAS K. KAHN
________________________ CLERK
D. C. Docket No. 04-00173-CV-4-SPM
RICHARD W. WILLIAMS,
VICTOR L. DAVIS, SR.,
as personal representative
of the Estate of Lakisha M.
Davis, Deceased,
Plaintiffs-Appellants,
versus
GEICO GENERAL INSURANCE COMPANY,
A Foreign Corporation,
THOMAS CHRISTIANSEN,
TRACY BOLTIN,
Defendants-Appellees.
_______________________
Appeal from the United States District Court
for the Northern District of Florida
_________________________
(September 7, 2005)
Before CARNES, MARCUS and WILSON, Circuit Judges.
PER CURIAM:
Plaintiffs-Appellants Richard W. Williams (“Williams”) and Victor L.
Davis, Sr. (“Davis”), as personal representative of the estate of Lakisha M. Davis,
deceased, appeal the district court’s order granting summary judgment in favor of
GEICO General Insurance Company (“GEICO”).1
Williams was insured by GEICO through an automobile liability policy
when he was involved in a fatal car accident in which Davis and his son were
seriously injured, and his wife was fatally injured. After an excess judgment was
entered against Williams, he and Davis filed a complaint seeking damages for
GEICO’s alleged bad faith in failing to negotiate a settlement for the policy limits.
In granting summary judgment in GEICO’s favor, the district court concluded that
GEICO “did not act in bad faith toward its insured.”
Upon a de novo review of the record and consideration of the parties’ briefs,
we agree with the district court that there is insufficient record evidence that would
lead a rational trier of fact to conclude that GEICO acted in bad faith in handling
Davis’s bodily injury and death claim against Williams. Accordingly, we affirm
the district court’s order granting summary judgment in GEICO’s favor.
AFFIRMED.
1
Prior to granting summary judgment in favor of GEICO, the district court dismissed
Defendants Thomas Christiansen and Tracy Boltin as fraudulently joined.
2