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CAPSTICK v. ALLSTATE INS. CO.

No. 91-7088.

998 F.2d 810 (1993)

Gayle CAPSTICK, Plaintiff-Appellee, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 7, 1993.

Attorney(s) appearing for the Case

Stephen R. McAllister (Larry L. Simms with him, on the Briefs), Gibson, Dunn & Crutcher, Washington, DC, for appellant Allstate Ins. Co.

Richard D. Gibbon, Richard D. Gibbon & Associates, Tulsa, OK (Aaron C. Peterson, Law Offices of Aaron C. Peterson, with him on the Brief), for appellee Gayle Capstick.

Before LOGAN and SEYMOUR, Circuit Judges, and BROWN, Senior District Judge.

WESLEY E. BROWN, Senior District Judge.

The Plaintiff-Appellee Gayle Capstick filed this case against his automobile insurer, Defendant-Appellant Allstate Insurance Company, for damages for breach of contract, and bad faith refusal to pay an insurance claim after his auto was totally destroyed in a fire on January 11, 1990. By letter dated February 16, 1990, Allstate refused to pay the claim, telling Capstick that the "fire appears to be of incendiary origin for which...

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