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HAYES FAMILY TRUST v. STATE FARM FIRE & CAS. CO.

No. 15-6164.

845 F.3d 997 (2017)

In re: Appointment of Umpire for HAYES FAMILY TRUST, on Behalf of Itself and All Others Similarly Situated, Clayton A. Hayes, co-trustee, Petitioners-Appellants, v. STATE FARM FIRE & CASUALTY COMPANY, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

January 4, 2017.

Attorney(s) appearing for the Case

Jason Waddell , Jason Waddell, PLLC, Oklahoma City, Oklahoma, for Appellants.

Benjamin G. Kemble ( David V. Jones with him on the brief), Jones, Andrews & Ortiz, Oklahoma City, Oklahoma, for Appellee.

Before TYMKOVICH, Chief Judge, HARTZ and MORITZ, Circuit Judges.

This appeal arises from a property damage claim filed by the Hayes Family Trust with its insurer, State Farm Fire & Casualty. When the parties could not agree on the amount of loss, Hayes invoked an appraisal process provided by the policy to calculate the loss incurred. The policy establishes a procedure whereby each...

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