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SCIVALLY v. TIME INS. CO.

Nos. 81-2002, 81-2123.

724 F.2d 101 (1983)

Janet S. SCIVALLY, Plaintiff-Appellant/Cross-Appellee, v. TIME INSURANCE COMPANY, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

December 19, 1983.

Attorney(s) appearing for the Case

Fielding D. Haas, Norman, Okl., for plaintiff-appellant/cross-appellee.

Alex Cheek and Noma D. Gurich of Cheek, Cheek & Cheek, Oklahoma City, Okl., for defendant-appellee/cross-appellant.

Before SETH, Chief Judge, McKAY, Circuit Judge, and BRATTON, Chief District Judge.

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...

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