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EVERAARD v. HARTFORD ACC. AND INDEM. CO.

Nos. 85-2751, 85-2752.

842 F.2d 1186 (1988)

Ronald Wayne EVERAARD, Executor of the Estate of Carolyn Sue Autery, deceased, Plaintiff-Appellant, Cross-Appellee, v. HARTFORD ACCIDENT AND INDEMNITY CO., a corporation, Defendant-Appellee, Cross-Appellant. Oklahoma Association of Defense Counsel, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

March 24, 1988.

Attorney(s) appearing for the Case

David Kline and Delmer L. Stagner of Kline & Kline, Oklahoma City, Okl., for plaintiff-appellant, cross-appellee.

Dan A. Rogers of Rogers, Honn & Associates, Tulsa, Okl. (Edwin F. Garrison of Looney, Nichols, Johnson & Hayes, Oklahoma City, Okl., with him on the briefs), for defendant-appellee, cross-appellant.

James A. Knox, Jr., Oklahoma City, Okl., on the brief, for amicus curiae.

Before HOLLOWAY, MOORE and TACHA, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

This case focuses on the question whether an insurer who provides uninsured motorist coverage pursuant to Oklahoma law has a primary duty to its insured under the policy when only one of the negligent parties involved in the covered incident is uninsured. Hartford Accident and Indemnity Company (Hartford) urges the question is one of first impression for the State of Oklahoma, justifying its refusal to pay and negating a finding of bad...

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