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AUTOMAX HYUNDAI SOUTH v. ZURICH AMERICAN INS.

No. 12-6161.

720 F.3d 798 (2013)

AUTOMAX HYUNDAI SOUTH, L.L.C., an Oklahoma limited liability company, Plaintiff-Appellant, v. ZURICH AMERICAN INSURANCE COMPANY, and Universal Underwriters Insurance Company, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 26, 2013.

Attorney(s) appearing for the Case

Randall K. Calvert ( Rabindranath Ramana with him on the briefs), Calvert Law Firm, Oklahoma City, OK, for Appellant.

Brittan L. Buchanan , Van Osselaer & Buchanan LLP, Austin, TX, ( Laura J. Grabouski , Van Osselaer & Buchanan LLP, Austin, TX, and Daniel K. Zorn , Collins, Zorn & Wagner, P.C., Oklahoma City, OK, with him on the brief), for Appellees.

Before KELLY, MURPHY, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

Automax Hyundai South, a car dealership in Oklahoma City, Oklahoma, filed suit against its insurer, Zurich American Insurance Co., for Zurich's refusal to defend Automax in a lawsuit. The underlying lawsuit involved two aggrieved customers who brought claims against Automax relating to a car purchase they had made. The customers won a sizable judgment in Oklahoma state court. The district court ruled that Zurich had no duty to defend or indemnify...

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