Legal Opinion
Automax Hyundai South, L.L.C. v. Zurich American Insurance
Court of Appeals for the Tenth Circuit
Decided June 26, 2013No. 12-6161PublishedCited by 29 opinions
1Opinion of the Court
TYMKOVICH, Circuit Judge.
Automax Hyundai South, a car dealership in Oklahoma City, Oklahoma, filed suit against its insurer, Zurich American Insurance Co., for Zurich’s refusal to defend Automax in a lawsuit. The underlying lawsuit involved two aggrieved customers who brought claims against Automax relating to a car purchase they had made. The customers won a sizable judgment in Oklahoma state court. The district court ruled that Zurich had no duty to defend or indemnify Automax in the underlying lawsuit, and thus its claims failed.
We agree with Automax and conclude Zurich had a duty to…
2Cases cited24 opinions
- Gray v. Zurich Insurance Co.California Supreme Court · 1966
- Christian v. American Home Assurance Co.Supreme Court of Oklahoma · 1978
- Horace Mann Ins. Co. v. Barbara B.California Supreme Court · 1993
- Frontier Insulation Contractors, Inc. v. Merchants Mutual InsuranceNew York Court of Appeals · 1997
- Dodson v. St. Paul Insurance Co.Supreme Court of Oklahoma · 1991
19 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Sprint Nextel Corp. v. Middle Man, Inc.Court of Appeals for the Tenth Circuit · 2016
- Universal Underwriters Insurance v. WintonCourt of Appeals for the Tenth Circuit · 2016
- Nationwide Mutual Ins. Co. v. PasiakSupreme Court of Connecticut · 2017
- Central Power Systems & Services, Inc. v. Universal Underwriters Insurance Co.Court of Appeals of Kansas · 2014
- SRM, Inc. v. Great American InsuranceCourt of Appeals for the Tenth Circuit · 2015
24 more not listed; retrieve them via the Exa API.