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MIDLAND MORTG. v. U.S. FIDELITY AND GUARANTY CO.

Nos. 00-6286, 01-6179.

301 F.3d 1277 (2002)

MIDLAND MORTGAGE COMPANY, Plaintiff-Appellee, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 5, 2002.

Attorney(s) appearing for the Case

John B. Hayes (Robert L. Magrini and Evan B. Gatewood on the briefs), Hayes & Magrini, Oklahoma City, OK, for Defendant-Appellant.

John N. Hermes (John D. Stiner with him on the briefs), McAfee & Taft, a Professional Corporation, Oklahoma City, OK, for Plaintiff-Appellee.

Before EBEL, McKAY, and BRISCOE, Circuit Judges.

McKAY, Circuit Judge.

Appellee Midland Mortgage holds and services mortgage loans. To protect its interests as a mortgage holder, Midland verifies whether the property owner has secured insurance to protect the property from loss. Insurance providers notify Midland when a policy expires or is cancelled. Midland then notifies the property owner that the owner is required to secure insurance. If the owner fails to secure the required insurance, Midland obtains a policy...

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