UNIVERSAL UNDERWRITERS INS. CO. v. WINTON

Nos. 15-6051, 15-6052.

818 F.3d 1103 (2016)

UNIVERSAL UNDERWRITERS INSURANCE COMPANY, Plaintiff-Appellee, v. Tammy WINTON, individually and as representative of the estate of Brant Matthew Winton, deceased; Marcus Allen Moore; Daniel Cosar; Alice Burgess, individually and as co-personal representative of the estate of Rebekah Jane Burgess, deceased; Patrick Dooley, as co-personal representative of the estate of Rebekah Jane Burgess, deceased, Defendants-Appellants, and Raymond Roberts, as personal representative of the estate of Sofia Roberts, deceased, Defendants. Phoenix Insurance Company, Plaintiff-Appellee, and National Union Fire Insurance Company of Pittsburgh, PA, Intervenor Plaintiff-Appellee, v. Tammy Winton, individually and as representative of the estate of Bryant Matthew Winton, deceased; Alice Burgess, individually and as co-personal representative of the estate of Rebekah Jane Burgess, deceased; Patrick Dooley, as co-personal representative of the estate of Rebekah Jane Burgess, deceased; Marcus Allen Moore; Daniel Cosar, Defendants-Appellants, and Raymond Roberts, Defendant.

United States Court of Appeals, Tenth Circuit.

April 8, 2016.


Attorney(s) appearing for the Case

Melissa S. Hedrick , Hedrick Law Firm, Oklahoma City, OK, and Blake Sonne , Sonne Law Firm, PLC, Norman, OK ( Jose Gonzales , Jose Gonzales, PC, Purcell, OK, Steven L. Parker , Tecumseh, OK, Kirk A. Olson , Olson Law Firm, Oklahoma City, OK, and Joe E. White and Charles C. Weddle, III , White & Weddle, Oklahoma City, OK, with them on the briefs), for Defendants-Appellants.

Brittan Lance Buchanan , Buchanan DiMasi Dancy & Grabouski, Austin, TX ( Laura J. Grabouski , Buchanan DiMasi Dancy & Grabouski, Austin, TX, and Daniel K. Zorn , Collins Zorn & Wagner, Oklahoma City, OK, with him on the brief), for Plaintiff-Appellee in 15-6051.

Jacqueline McCormick , Pierce Couch Hendrickson Baysinger & Green, Oklahoma City, OK, and Barbara Michaelides , Nicolaides, Fink, Thorpe, Michaelides & Sullivan, LLP, Chicago, IL ( D. Lynn Babb , Pierce Couch Hendrickson Baysinger & Green, Oklahoma City, OK, Matthew J. Fink , Wen-Shin Cheng , and Jared K. Clapper , Nicolaides, Fink, Thorpe, Michaelides & Sullivan, LLP, Chicago, IL, with them on the brief), for Plaintiffs-Appellees in 15-6052.

Before HARTZ, BACHARACH, and PHILLIPS, Circuit Judges.


In the early morning of Sunday, November 11, 2007, Sofia Roberts caused a motor-vehicle accident that killed five people (including herself) and severely injured two others. She was driving a Chrysler 300 that she had obtained from the Marc Heitz Auto Valley automobile dealership (Heitz) on November 9, 2007. The Chrysler had...

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