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SENECA INS. CO., INC. v. WESTERN CLAIMS, INC.

Nos. 13-6284, 14-6002.

774 F.3d 1272 (2014)

SENECA INSURANCE COMPANY, INC., a foreign corporation, Plaintiff-Appellant/Cross-Appellee, v. WESTERN CLAIMS, INC., a for profit Oklahoma corporation; Lou Barbaro, individually and as agent and employee of Western Claims, Inc., Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

December 22, 2014.

Attorney(s) appearing for the Case

Murray E. Abowitz , Abowitz, Timberlake & Dahnke, P.C., Oklahoma City, OK, for Plaintiff-Appellant/Cross-Appellee, Seneca Insurance Company.

Maurice G. Woods, II , McAtee and Woods, P.C., Oklahoma City, OK, for Defendants-Appellees/Cross Appellants, Western Claims, Inc., et al.

Before GORSUCH, MURPHY, and MORITZ, Circuit Judges.

Seneca Insurance Company paid $1 million to settle a lawsuit in which its insured alleged Seneca had mishandled insurance claims for hail damage to the insured's property. Seeking to recoup the costs of defending and settling the lawsuit, Seneca brought this action for implied equitable indemnity and negligence against its...

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