United States Tenth Circuit

Because Oklahoma law would not apply the doctrine of equitable subrogation to require two insurance companies to share the cost of defending a mutual insured where there is no contract between the insurance companies to do so, judgment requiring excess insurer to reimburse primary insurer for fire damage reversed.

Appellate Information

• Decided 04/17/2002
• Published 04/17/2002

Judges

• LUCERO, Circuit Judge., Before KELLY, Circuit Judge, BRORBY, Senior Circuit Judge, and LUCERO, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs:   


• For Appellees:
  
• Marc A. Powell of Powell, Brewer & Gough, L.L.P., Wichita, KS, for Plaintiff-Appellee., Michael C. Stewart of Chubbuck Smith Rhodes Stewart & Elder, P.L.L.C., Oklahoma City, OK, for Defendant-Appellant.