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PHILLIPS v. STATE FARM MUT. AUTO. INS. CO.

No. 94-6414.

73 F.3d 1535 (1996)

Wendell PHILLIPS and Wanda Phillips, Plaintiffs-Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 22, 1996.

Attorney(s) appearing for the Case

Ed Abel (Lynn B. Mares with him on the briefs) of Abel, Musser, Sokolosky, Mares, Haubrich, Burch & Kouri, Oklahoma City, Oklahoma, for plaintiffs-appellants.

Robert W. Hayden of Speck, Easter & Hayden, Oklahoma City, Oklahoma, for defendant-appellee.

Before MOORE, BRORBY and EBEL, Circuit Judges.

BRORBY, Circuit Judge.

Plaintiffs Wendell and Wanda Phillips appeal the district court's grant of summary judgment in favor of their uninsured/underinsured motorist insurance carrier, defendant State Farm Mutual Automobile Insurance Company, on their claim State Farm was obligated to pay a portion of the attorney fees and costs they incurred to obtain a settlement from a third-party tort-feasor. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and reverse...

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