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McWHIRTER v. FIRE INS. EXCHANGE, INC.

No. 75011.

878 P.2d 1056 (1994)

Jim McWHIRTER and Lisa McWhirter, husband and wife, JMV Designs, Inc., an Oklahoma Corporation, Appellants, Employers Mutual Casualty Company, Intervening Plaintiff, v. FIRE INSURANCE EXCHANGE, INC., d/b/a Farmers Insurance Group of Companies, a foreign corporation, Appellee, Johnny Craig and Pamela Craig, husband and wife, Brad Craig, a minor, by and through his parents, William McElvany and Jennifer McElvany, Jeremy McElvany, a minor, by and through his parents, Defendants.

Supreme Court of Oklahoma.

July 19, 1994.

Attorney(s) appearing for the Case

Bill J. Bruce, Deborah J. Bruce, Oklahoma City, for appellants.

John R. Hargrave, Brian Husted, Randy D. Witzke, Edmonds, Cole, Hargrave Givens & Witzke, P.C., Oklahoma City, for appellee.

LAVENDER, Vice Chief Justice:

We are asked to determine whether Appellants have stated a claim upon which relief can be granted against Farmers Insurance Group of Companies under the Unfair Claims Settlement Practices Act (UCSPA), 36 O.S. 1981 § 1221, et seq. and the Claims Resolution Act, 36 O.S. 1981 § 1251, et seq., as well as under contract and tort theories. In accordance with Allstate Ins. Co. v. Amick...

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