SRM, INC. v. GREAT AMERICAN INS. CO.

No. 14-6160.

798 F.3d 1322 (2015)

SRM, INC., Plaintiff-Appellant, v. GREAT AMERICAN INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 25, 2015.


Attorney(s) appearing for the Case

Maurice G. Woods II ( Michael G. McAtee , with him on the briefs), McAtee & Woods, Oklahoma City, OK, for Plaintiff-Appellant.

Roger N. Butler, Jr. ( Diane M. Black , with him on the brief), Secrest, Hill, Butler & Secrest, Tulsa, OK, for Defendant-Appellee.

Before HARTZ, HOLMES, and MORITZ, Circuit Judges.


Under Oklahoma law, a primary insurer owes its insured a duty to initiate settlement negotiations with a third-party claimant if the insured's liability to the claimant is clear and the insured likely will be held liable for more than its insurance will cover. Here the insured, SRM, Inc., seeks to extend this obligation to...

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