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PHILLIPS v. NEW HAMPSHIRE INS. CO.

No. 00-6384.

263 F.3d 1215 (2001)

Joyce Brown PHILLIPS, Plaintiff-Appellant, v. NEW HAMPSHIRE INSURANCE COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 28, 2001.

Attorney(s) appearing for the Case

David W. Edmonds of Edmonds, Cole, Hargrave, Givens & Witzke, Oklahoma City, Oklahoma for Plaintiff-Appellant.

William S. Leach and Michael F. Smith of Rhodes, Hieronymus, Jones, Tucker & Gable, Tulsa, Oklahoma, for Defendant-Appellee.

Before SEYMOUR and McKAY, Circuit Judges, and BRORBY, Senior Circuit Judge.

SEYMOUR, Circuit Judge.

Appellant Joyce Brown Phillips appeals from summary judgment granted in favor of appellee New Hampshire Insurance Company (NHIC) on her state-law breach of insurance contract and bad faith claims. Jurisdiction in federal court is based on diversity of the parties. See 28 U.S.C. § 1332. Ms. Phillips raises two issues on appeal: whether the district court erred in applying Porter v. MFA Mutual Insurance Co.,

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