Morgan v. State Farm mutual Automobile Insur. Co.

Docket Number118881
Decision Date25 May 2021
The United States Court of Appeals for the Tenth Circuit certified two questions of law to the Oklahoma Supreme Court. Plaintiff-appellant George Morgan was driving drunk and hit Jesse Atkins with his truck at more than 40 miles per hour. Atkins was severely injured, and his resulting medical bills totaled more than $2 million. Defendant-appellee State Farm Mutual Automobile Insurance Company provided liability insurance to Morgan at the time of the accident under a policy with a $100,000 limit. State Farm negotiated and executed a settlement with Atkins whereby State Farm paid its policy limit to Atkins and Atkins released his claims against...

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24 cases
  • Tufaro v. Oklahoma ex rel. Bd. of Regents of Univ. of Okla.
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • July 9, 2024
    ..."(1) formation of a contract; (2) breach of the contract; and (3) damages as a result of that breach." Morgan v. State Farm Auto. Ins. Co., 488 P.3d 743, 748 (Okla. 2021). A breach of a contract "occurs when a party fails to perform a duty arising under or imposed by agreement." Sharp v. St......
  • Bd. of Cnty. Comm'rs of Harmon Cnty. v. Ass'n of Cnty. Comm'rs of Okla. Self-Insured Grp. (ACCO-SIG)
    • United States
    • United States State Court of Appeals of Oklahoma. Court of Civil Appeals of Oklahoma
    • February 16, 2022
    ...support a breach of contract claim that arose before the judgment in favor of Glover was entered. See Morgan v. State Farm Mut. Auto. Ins. Co ., 2021 OK 27, ¶ 22, 488 P.3d 743 (recognizing that a cause of action for breach of an insurance contract based on failure to timely pay a covered lo......
  • Last Chance Minerals, Inc. v. BP Am. Prod. Co.
    • United States
    • United States State Court of Appeals of Oklahoma. Court of Civil Appeals of Oklahoma
    • August 25, 2023
    ...the plaintiff knows, or in the exercise of reasonable diligence, should have known of the breach." Morgan v. State Farm Mut. Auto. Ins. Co. , 2021 OK 27, ¶ 31, 488 P.3d 743, 753. In other words, the claim accrues when a party can first maintain an action to a successful conclusion. Wille v.......
  • City & Cty. of Denver v. Bd. of Cty. Comm'r of Adams Cty.
    • United States
    • Colorado Supreme Court
    • March 5, 2024
    ...contract claim accrues at the moment of breach rather than when the plaintiff is damaged by the breach." Morgan v. State Farm Mut. Auto. Ins. Co., 488 P.3d 743, 749 n.6 (Okla. 2021) (collecting cases). D. Public Policy [12] ¶53 The purposes behind statutes of limitations are to "promote jus......
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