STATE FARM HAIL-CLAIM LITIGATION
Oklahoma · Filed 2026-10-19 · 197 pages · Download the PDF
LALLA FILED IN DISTMCT COURT OKLAHOMA COUNTY IN THE DISTRICT COURT OF OKLAHOMA STATE OF OKLAHOMA COUNTY OCT 19 2026 Cae tay Re 109 BILLY and LACY HURSH, Plaintiffs, Case No. CJ-2025-2626 Judge Amy Palumbo Vv. STATE FARM FIRE AND CASUALTY COMPANY, MARK D. WELTY, and MARK D. WELTY INSURANCE AGENCY, INC., Defendants. DEFENDANT STATE FARM FIRE AND CASUALTY COMPANY’S AMENDED MOTION FOR PARTIAL SUMMARY JUDGMENT _AND BRIEF IN SUPPORT Lance E. Leffel, OBA No. 19511 David R. Herber, OBA No. 33527 GABLEGOTWALS BOK Park Plaza 499 W. Sheridan Ave., Suite 2200 Oklahoma City, OK 73102 (405) 235-5500 (405) 235-2875 Fax Neffel@gablelaw.com dherber@gablelaw.com -andCarrie B. McNeer, OBA No. 22235 GrantA. …
bad faith ×37 · denial ×19 · depreciation ×19 · deposition ×13 · summary judgment ×10 · roof replacement ×8 · indemnity ×1
PAGE 3 · denial, bad faith, summary judgment, roof replacement
… from which a reasonable jury could find that State Farm performed an inadequate claim investigation or did not actually rely on the 50/50 legitimate dispute to deny the claims. See Phillips v. State Farm, 640 F. Supp. 3d 1103, 1109 (N.D. Okla. 2022) (relying on similar claims-handling facts for summary judgment on bad faith). Plaintiffs cannot transform this ordinary contract dispute into a bad faith case by ignoring …
PAGE 127 · depreciation
… Value (RCV) Estimated cost to repair or replace Summary for Dwelling damaged property. Line ttem Total [1] Materiai Sales Tax costs and repalrs. §,953.10 @ 4. Depreciation - The dacrease in the 10.000% x 1,520.00 Subtotal 6,105.40 General Contractor Overhead @ @ 40.0% x 4,106.10 General Contractor Profit @ 10.0% x 6,108.10 610.51 value of property over a periad of time due to wear, tear, condition, and obsolescence. …
PAGE 2 · bad faith, deposition, summary judgment
… as, Ms. Hursh reported that “all the roofers we had come look had said there was a 50/50 chance” that State Farm would approve another claim. Those facts bar a bad faith claim as a matter of Oklahoma law, under which a bad faith “cause of action will not lie where there is a legitimate dispute.” Manis v. Hartford Fire Ins. Co., 1984 OK 25, 4 12, 681 P.2d 760, 762. A “50/50 chance” is the definition of a legitimate di …
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