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ALL AMERICAN INS. CO. v. BURNS

Nos. 87-1202, 87-1321.

971 F.2d 438 (1992)

ALL AMERICAN INSURANCE CO., Plaintiff, v. David L. BURNS; James O. Wilde, individually and as father and next friend of Jamie Janice Wilde; Larry Erbe, individually and as father and next friend of Brandy Erbe, a minor; First Assembly of God Church, Inc., an Oklahoma corporation; George Denny, Defendants, Leroy Hall, Defendant-Cross-Claimant-Appellant. and Floyd MARTIN and Ralph Morgan, Defendants-Appellants, v. PREFERRED RISK MUTUAL INSURANCE COMPANY, Defendant-Cross-Claim Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 4, 1992.

Attorney(s) appearing for the Case

Joseph F. Clark, Jr. (Roger R. Williams, with him, on the brief), Williams, Clark, Baker, Howard & Earl, P.A., Tulsa, Okl., for defendants-appellants Floyd Martin and Ralph Morgan.

Walter D. Haskins, of Thomas, Glass, Atkinson, Haskins, Nellis & Boudreaux, Tulsa, Okl. (Renee J. Harter, on the brief), for defendant-cross-claimant-appellant Leroy Hall.

John H. Tucker, of Rhodes, Hieronymus, Jones, Tucker & Gable, Tulsa, Okl., for defendant-cross-claim defendant-appellee Preferred Risk Mut. Ins. Co.

Before McKAY, Chief Judge, and HOLLOWAY and SEYMOUR, Circuit Judges.

HOLLOWAY, Circuit Judge.

This is an appeal from a summary judgment granting declaratory relief for defendant-appellee Preferred Risk Mutual Insurance Company (Preferred Risk). The judgment determined that there was no duty to defend or indemnify several named insured parties. We feel there is one primary dispositive issue — whether the circumstances of the case were within an exclusion in Preferred Risk's policy for...

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