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KELLY v. FARMERS INS. CO., INC.

No. CIV-02-153-M.

281 F.Supp.2d 1290 (2003)

Jim KELLY and Elaine Kelly, husband and wife, Plaintiffs, v. FARMERS INSURANCE COMPANY, INC., a foreign corporation, Defendant.

United States District Court, W.D. Oklahoma.

September 12, 2003.

Attorney(s) appearing for the Case

Steven S. Mansell, Mark A. Engel, and Steven S. Ashmore, all of whom are with the firm of Mansell, Engel & Ashmore, Oklahoma City, OK, for Plaintiffs.

REric S. Eissenstat, and Jay P. Walters, both of whom are with the firm of Fellers, Snider, Blankenship, Bailey & Tippens, Oklahoma City, OK, for Defendant.

ORDER

MILES-LAGRANGE, District Judge.

Pending before the Court is Defendant's Motion for Summary Judgment. The motion has been fully briefed and is now ripe for determination. For the following reasons, Defendant's motion is denied.

I. Background

The following facts are essentially undisputed by the parties. Plaintiffs Jim and Elaine Kelly, husband and wife, own a home in Norman, Oklahoma. At all times relevant to this litigation...

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