Phillips v. New Hampshire Insurance

SEYMOUR, Circuit Judge.

Appellant Joyce Brown Phillips appeals from summary judgment granted in favor of appellee New Hampshire Insurance Company (NHIC) on her state-law breach of insurance contract and bad faith claims. Jurisdiction in federal court is based on diversity of the parties. See 28 U.S.C. § 1332. Ms. Phillips raises two issues on appeal: whether the district court erred in applying Porter v. MFA Mutual Insurance Co., 643 P.2d 302 (Okla.1982), and Okla. Stat. tit. 36, § 3636(E), to absolutely bar her claim for uninsured/underinsured motorist (“UM” and/or “UIM”) insurance benefits…