Legal Opinion

Mount Vernon Fire Insurance Co v. Okmulgee Inn Venture, LLC

Court of Appeals for the Tenth Circuit

Decided December 8, 2011No. 11-7036UnpublishedCited by 11 opinions

1Opinion of the Court

ORDER AND JUDGMENT *

PAUL KELLY, JR., Circuit Judge.

In Oklahoma, insurers are required to defend their insureds whenever facts give rise to the potential of liability under the policy. In this case, the district court found the insurer owed no duty of defense or indemnification because the precise facts alleged against the insured did not demonstrate there was coverage under the policy. We agree the facts fail to conclusively demonstrate coverage, but we think there is still a potential for coverage as permitted by Oklahoma law. We therefore reverse and remand for entry of judgment in favor of…

2Cases cited10 opinions

  1. First Bank of Turley v. Fidelity & Deposit Insurance Co. of MarylandSupreme Court of Oklahoma · 1996
  2. Gray v. HolmanSupreme Court of Oklahoma · 1995
  3. Great American Insurance Company v. McKemieSupreme Court of Georgia · 1979
  4. United Fire & Casualty Company v. Boulder Plaza Residential, LLCCourt of Appeals for the Tenth Circuit · 2011
  5. American Motorists Insurance Company v. General Host Corporation & American Salt Company, Inc.Court of Appeals for the Tenth Circuit · 1991

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3Cited by11 opinions

  1. Hartford Fire Insurance v. Gandy Dancer, LLCDistrict Court, D. New Mexico · 2012
  2. Aspen Specialty Insurance v. Utah Local Governments TrustDistrict Court, D. Utah · 2013
  3. Hartford Fire Insurance v. Gandy Dancer, LLCDistrict Court, D. New Mexico · 2013
  4. Airtex Manufacturing LLLP v. Boneso Brothers Construction, Inc.District Court, D. Kansas · 2020
  5. Barnstable County v. 3M CompanyDistrict Court, D. Massachusetts · 2017

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