Legal Opinion
David Lee Willis v. Midland Risk Insurance Company, and Rogers County Insurance Agency
Court of Appeals for the Tenth Circuit
Decided December 12, 1994No. 92-5147PublishedCited by 49 opinions
1Opinion of the Court
HOLLOWAY, Circuit Judge.
Plaintiff-appellant David Lee Willis (Willis) brought this diversity action against defendant-appellee Midland Risk Insurance Company (Midland) for breach of an insurance contract and for tortious breach by the insurer of its implied covenant of good faith and fair dealing with its insured. On the latter claim, Willis sought both actual and punitive damages. The parties agree that Oklahoma law controls. Joint Pretrial Memorandum at 1, App. at 296.
The parties filed cross-motions for summary judgment on both the contract and tort claims. Prior to the district court’s…
2Cases cited28 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Deepwater Investments, Limited v. Jackson Hole Ski Corporation and Paul M. McCollisterCourt of Appeals for the Tenth Circuit · 1991
- Christian v. American Home Assurance Co.Supreme Court of Oklahoma · 1978
- Russillo v. ScarboroughCourt of Appeals for the Tenth Circuit · 1991
- McCorkle v. Great Atlantic Insurance Co.Supreme Court of Oklahoma · 1981
23 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- International Surplus Lines Insurance Company, an Illinois Corporation, Plaintiff-Counter-Defendant-Appellee v. Wyoming Coal Refining Systems, Inc., a Wyoming Corporation, Fdba Char-Fuels of Wyoming, Inc. Char-Fuels Associates, Ltd., a Wyoming Limited Partnership, and University of Wyoming Research Corporation, AKA University of Wyoming Research Institute, Defendant-Counter-Claimant-Appellant. International Surplus Lines Insurance Company, an Illinois Corporation, Plaintiff-Counter-Defendant-Appellee v. Wyoming Coal Refining Systems, Inc., a Wyoming Corporation, Fdba Char-Fuels of Wyoming, Inc. Char-Fuels Associates, Ltd., a Wyoming Limited Partnership, and University of Wyoming Research Corporation, AKA University of Wyoming Research Institute, Defendant-Counter-ClaimantCourt of Appeals for the Tenth Circuit · 1995
- Badillo v. Mid Century Insurance Co.Supreme Court of Oklahoma · 2005
- Sims v. Great American Life InsuranceCourt of Appeals for the Tenth Circuit · 2006
- Sender v. SimonCourt of Appeals for the Tenth Circuit · 1996
- Newport v. USAASupreme Court of Oklahoma · 2000
44 more not listed; retrieve them via the Exa API.