PAUL HOLT DRILLING, INC. v. LIBERTY MUT. INS. CO.

No. 80-1390.

664 F.2d 252 (1981)

PAUL HOLT DRILLING, INC., and Paul Holt, an individual, Plaintiffs-Appellants, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided November 16, 1981.


Attorney(s) appearing for the Case

Burton J. Johnson of Looney, Nichols, Johnson & Hayes, Oklahoma City, Okl., for plaintiffs-appellants.

David D. Wilson of Baker, Baker & Wilson, Oklahoma City, Okl., for defendant-appellee.

Before BARRETT and LOGAN, Circuit Judges, and KUNZIG, Judge.


LOGAN, Circuit Judge.

Paul Holt Drilling, Inc. and Paul Holt, an individual (collectively the "insureds"), appeal from the trial court's dismissal of their diversity action against Liberty Mutual Insurance Company alleging breach of its duty to defend the insureds. The single issue on appeal is when the statute of limitations begins to run on such a breach. By agreement of the parties, the case was submitted on the briefs.

In December 1971 a third party sued...

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