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ANDRES v. OFB

No. 106,748. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

227 P.3d 1102 (2009)

2009 OK CIV APP 97

Jennifer ANDRES, an Individual, and Jose Andres, an Individual, Plaintiffs/Appellants, v. OKLAHOMA FARM BUREAU MUTUAL INSURANCE COMPANY, a Domestic For Profit Business Corporation, Defendant/Appellee.

Court of Civil Appeals of Oklahoma, Division No. 4.

Certiorari Denied November 23, 2009.

Attorney(s) appearing for the Case

Donald E. Smolen, II, Daniel E. Smolen, Mark L. Miller, Smolen & Smolen PLLC, Tulsa, OK, for Plaintiffs/Appellants.

Stephen M. Coates, Wilson, Cain & Acquaviva, Tulsa, OK, for Defendant/Appellee.

DOUG GABBARD II, Presiding Judge. [

¶ 1 In this action for breach of contract and breach of good faith against their insurance company, Plaintiffs, Jennifer Andres and Jose Andres, appeal a summary judgment granted in favor of Defendant, Oklahoma Farm Bureau Mutual Insurance Company (OFB). We affirm in part, reverse in part, and remand with directions.

BACKGROUND

¶ 2 On May 16, 2007, sewage water from the City of Tulsa's main sewer line...

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