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WILLIS v. MIDLAND RISK INS. CO.

No. 92-5147.

42 F.3d 607 (1994)

David Lee WILLIS, Plaintiff-Appellant, v. MIDLAND RISK INSURANCE COMPANY, Defendant-Appellee, and Rogers County Insurance Agency, Defendant.

United States Court of Appeals, Tenth Circuit.

December 12, 1994.

Attorney(s) appearing for the Case

Galen L. Brittingham of Thomas, Glass, Atkinson, Haskins, Nellis & Boudreaux, Tulsa, OK (Michael P. Atkinson and Leigh Reaves with him, on the brief), for plaintiff-appellant.

Stephen L. Wilkerson of Knight, Wilkerson & Parrish, Tulsa, OK, for defendant-appellee.

Before BALDOCK, HOLLOWAY and BRORBY, Circuit Judges.

HOLLOWAY, Circuit Judge.

Plaintiff-appellant David Lee Willis (Willis) brought this diversity action against defendant-appellee Midland Risk Insurance Company (Midland) for breach of an insurance contract and for tortious breach by the insurer of its implied covenant of good faith and fair dealing with its insured. On the latter claim, Willis sought both actual and punitive damages. The parties agree that Oklahoma law controls. Joint Pretrial Memorandum at 1, App...

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