COLONY INS. CO. v. BURKE

No. 10-5035.

698 F.3d 1222 (2012)

COLONY INSURANCE COMPANY, a Virginia corporation, Plaintiff-Appellee, v. Robbie BURKE, Special Administrator of the Estate of Aurora Espinal-Cruz, Defendant-Appellant, and Deanza Jones, an Oklahoma resident, Defendant.

United States Court of Appeals, Tenth Circuit.

October 17, 2012.


Attorney(s) appearing for the Case

Michael L. Barkett , The Barkett Law Firm, Tulsa, OK, for Defendant-Appellant.

John H. Tucker ( Kerry R. Lewis and Randall E. Long , with him on the brief), Rhodes, Hieronymus, Jones, Tucker & Gable, Tulsa, OK, for Plaintiff-Appellee.

Before HARTZ, EBEL, and HOLMES, Circuit Judges.


EBEL, Circuit Judge.

In this appeal we address (1) whether a foster child in Oklahoma has a "contractual or statutory" relationship with the insurance company that provides foster care liability insurance to the foster child's foster parent, such that the insurer owes the foster child either contractual obligations or an implied duty of good faith and fair dealing; (2) whether a judgment creditor may garnish a judgment debtor's insurance policy in excess of the insurer...

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