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HAWORTH v. JANTZEN

No. 101,726.

172 P.3d 193 (2006)

2006 OK 35

Densi HAWORTH, Special Administratrix of the Estate of Brett Dewayne Haworth, Deceased, Plaintiff/Appellee, v. Theodore JANTZEN, individually, and as partner in Jantzen Farm and Ranch Enterprises; Mrs. Theodore Jantzen, individually and as partner in Jantzen Farm and Ranch Enterprises; and Allstate Insurance Company, Defendants, and Oklahoma Farm Bureau Mutual Insurance Company, Policy No. 421565031, Policy No. 42165015, Garnishee/Appellant.

Supreme Court of Oklahoma.

Rehearing Denied September 11, 2006.

Attorney(s) appearing for the Case

G. Todd Ralstin, Oklahoma City, OK, for Plaintiff/Appellee.

Steve L. Lawson, Oklahoma City, OK, for Garnishee/Appellant.

KAUGER, J.

¶ 1 The dispositive issue presented on certiorari is whether the trial court properly granted summary judgment when it determined that because certain insurance policy exclusions were ambiguous as matter of law, the contract must be construed against the insurer to provide coverage. The Court of Civil Appeals determined that the policy exclusions were unambiguous and did not provide coverage. We hold that because the policy terms are ambiguous, the...

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