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SOSEEAH v. SENTRY INS.

No. 14-2199.

808 F.3d 800 (2015)

Delbert SOSEEAH, for himself and others similarly situated; Maxine Soseeah, for herself and others similarly situated; John Borrego, for himself and other similarly situated, Plaintiffs-Appellees, v. SENTRY INSURANCE, a Mutual Company, and any other related business entities including parent companies, consolidated tax filers and subsidiaries including, Dairyland Insurance Company; Peak Property and Casualty Insurance Corporation; and Viking Insurance Company of Wisconsin, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

December 18, 2015.

Attorney(s) appearing for the Case

John R. Gerstein , of Troutman Sanders LLP, Washington, D.C. ( Gabriela Richeimer of Troutman Sanders LLP, Washington, D.C.; Jennifer A. Noya and Alex C. Walker of Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, NM, with him on the briefs), for Defendants-Appellants.

John C. Bienvenu , of Rothstein, Donatelli, Hughes, Dahlstrom, Schoenburg & Bienvenu LLP, Santa Fe, NM ( Kristina Martinez of Rothstein, Donatelli, Hughes, Dahlstrom, Schoenburg & Bienvenu LLP, Santa Fe, NM; Linda G. Hemphill of The Hemphill Firm P.C., Santa Fe, NM; and John Howard , Attorney at Law, Santa Fe, NM; with him on the brief), for Plaintiffs-Appellees.

Before BRISCOE, McKAY and McHUGH, Circuit Judges.

Plaintiffs Delbert Soseeah, Maxine Soseeah and John Borrego filed this action against defendants Sentry Insurance, Dairyland Insurance Company, Peak Property and Casualty Insurance Company, and Viking Insurance Company of Wisconsin (collectively Sentry) claiming, in part, that Sentry failed to timely and properly notify them...

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