EMBRY v. INNOVATIVE AFTERMARKET SYSTEMS

No. 107,777.

247 P.3d 1158 (2010)

2010 OK 82

Don EMBRY, Plaintiff/Petitioner, v. INNOVATIVE AFTERMARKET SYSTEMS L.P. a/k/a ISA L.P. f/k/a Innovative Aftermarket Systems, Inc. f/d/a IAS Inc.; Twin City Fire Insurance Company; and Hartford Fire Insurance Company, Defendants/Respondents.

Supreme Court of Oklahoma.

Rehearing Denied February 28, 2011.


Attorney(s) appearing for the Case

David Bernstein , Norman, OK, and Joseph T. Acquaviva, Jr. , Wilson, Cain & Acquaviva, Oklahoma City, OK, and Joe B. Lawter , Norman, OK, for Plaintiff/Appellant, Don Embry.

Robert D. Nelon and Elisabeth Muckala , Hall, Estil, Hardwick, Gabel, Golden & Nelson, P.C., Oklahoma City, OK, for Defendants/Appellees, Innovative Aftermarket Systems L.P., et al.


REIF, J.:

¶ 1 This Court has granted certiorari to review a certified interlocutory order. The order, a summary judgment, eliminated bad faith and negligence theories of recovery from plaintiff's suit against defendants. Plaintiff is seeking damages from defendants for failing to pay the deficiency remaining on an auto loan after the total loss insurance settlement by plaintiff's insurer was applied to the loan. He contends the defendants deliberately disregarded...

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