Legal Opinion

Janet S. Scivally, Plaintiff-Appellant/cross-Appellee v. Time Insurance Company, Defendant-Appellee/cross-Appellant

Court of Appeals for the Tenth Circuit

Decided December 19, 1983No. 81-2002, 81-2123PublishedCited by 21 opinions

1Opinion of the Court

McKAY, Circuit Judge.

The State of Oklahoma has held that an insurance company can be held liable in tort for violating its implied duty of good faith and fair dealing with its insured. Christian v. American Home Assurance Co., 577 P.2d 899 (Okl.1978). The plaintiff in this diversity action appeals from a directed verdict entered against her claim for punitive damages under the Christian decision. The defendant cross-appeals a jury verdict for unreasonable delay in issuing a policy. This appeal was submitted on the briefs by stipulation of the parties.

On February 21, 1980, the plaintiff met…

2Cases cited4 opinions

  1. Gruenberg v. Aetna InsuranceCalifornia Supreme Court · 1973
  2. Christian v. American Home Assurance Co.Supreme Court of Oklahoma · 1978
  3. Timmons v. Royal Globe Insurance Co.Supreme Court of Oklahoma · 1982
  4. Jon Brian Lyles, Employers Mutual Casualty Company, Intervening v. American Hoist & Derrick CompanyCourt of Appeals for the Tenth Circuit · 1980

3Cited by21 opinions

  1. Thomas G. Koch v. City of HutchinsonCourt of Appeals for the Tenth Circuit · 1988
  2. Melva A. Schalk v. James GallemoreCourt of Appeals for the Tenth Circuit · 1990
  3. Joseph F. Moore v. Warwick Public School District No. 29, a Public CorporationCourt of Appeals for the Eighth Circuit · 1986
  4. Sheets v. Salt Lake CountyCourt of Appeals for the Tenth Circuit · 1995
  5. In Re Slack-Horner Foundries Company, Debtor. Jeffrey A. Weinman, Trustee v. George L. SimonsCourt of Appeals for the Tenth Circuit · 1993

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