U.S. FIDELITY AND GUAR. v. FEDERATED RURAL ELEC.

No. 00-3018.

286 F.3d 1216 (2002)

UNITED STATES FIDELITY AND GUARANTY COMPANY, Plaintiff-Appellee, v. FEDERATED RURAL ELECTRIC INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 17, 2002.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Marc A. Powell of Powell, Brewer & Gough, L.L.P., Wichita, KS, for Plaintiff-Appellee.

Michael C. Stewart of Chubbuck Smith Rhodes Stewart & Elder, P.L.L.C., Oklahoma City, OK, for Defendant-Appellant.

Before KELLY, Circuit Judge, BRORBY, Senior Circuit Judge, and LUCERO, Circuit Judge.


LUCERO, Circuit Judge.

Federated Rural Electric Insurance Company ("Federated") appeals a judgment by the district court requiring it to reimburse United States Fidelity and Guaranty Co. ("USF & G") for half of the defense costs expended by USF & G on behalf of their mutual insured, Alfalfa Electric Cooperative ("Alfalfa"). At the outset of this appeal, the parties presented a question of undecided Oklahoma law that implicated important state policy considerations...

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