BADILLO v. MID CENTURY INS. CO.

Nos. 98,136, 98,138.

121 P.3d 1080 (2005)

2005 OK 48

Mario BADILLO, Appellee/Counter-Appellant, v. MID CENTURY INSURANCE COMPANY, a California Corporation; Farmers Insurance Exchange, a California reciprocal or interinsurance exchange, Appellants/Counter-Appellees.

Supreme Court of Oklahoma.

As Corrected June 22, 2005.


Attorney(s) appearing for the Case

Mark E. Bialick, Gerald E. Durbin, II and Rodney D. Stewart of Durbin, Larimore & Bialick, Oklahoma City, OK, for Appellee/Counter-Appellant.

Eric S. Eissenstat, Stephen R. Stephens and Brooks A. Richardson of Fellers, Snider, Blankenship, Bailey & Tippens, Oklahoma City, OK, for Appellants/CounterAppellees.

Kenneth G. Cole of Burch & George, Oklahoma City, OK, for amicus curiae, Oklahoma Trial Lawyers Association.

Phil R. Richards and Thomas D. Hird of Richards & Connor, Tulsa, OK, for amicus curiae, Oklahoma Association of Defense Counsel.

KAUGER, J., recused.


ORDER

Rehearing is granted. The June 8, 2004 majority and dissenting opinions in the above-styled matter are withdrawn and the opinion issued this date is substituted therefor. Further, appellee/counter-appellant's request for oral argument contained in his petition for rehearing is denied. The vote below is on the grant of rehearing and denial of oral argument only. The vote on the substituted opinion is shown thereon...

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