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WEST V. STATE FARM FIRE & CASUALTY CO.

Reply in Support of Motion for Summary Judgment Timila (West v. State Farm, 2026-07-17)

Comanche County District Court, CJ-2025-135 · Filed 2026-07-17 · 7 pages · Download the PDF

What this document says (first page, verbatim)

FILED IN THE DISTRICT COURT OF COMANCHE COUNTY STATE OF OKLAHOMA COMANCHE COUNTY. OKLAHOMA July 16, 2026 3:33 PM ROBERT MORALES, COURT CLERK Case Number CJ-2025-135 NEIL and LACY WEST, ) ) Plaintiffs, ) Vv. ) Case No. CJ-2025-135 ) STATE FARM FIRE AND CASUALTY COMPANY and NANCY HOLCOMB INS. _ AGENCY, INC,, ) ) ) ) Defendants. DISTRICT COURT JUDGE SHEPERD ) ) DEFENDANT NANCY HOLCOMB INSURANCE AGENCY, INC.’S REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT TIMILA S. ROTHER, OBA #14310 PAIGE A. MASTERS, OBA #31142 AMANDA M. …

Key terms in this filing

summary judgment ×15 · denial ×6 · deposition ×3 · Hail Focus ×1 · bad faith ×1

Notable passages

PAGE 3 · denial, deposition, summary judgment

… lack of diligence and choices. They have not and cannot explain their delay. For that reason alone, their request for more time to respond to the MS] should be denied and the undisputed material facts set forth in the MSJ should be deemed admitted. R. Dist. Cts, of Okla. R. 13(b) (“All material facts set forth in the statement of the movant which are supported by acceptable evidentiary material shall be deemed admitt …

PAGE 2 · denial, deposition, summary judgment

… due diligence in the time that was already allotted.” Fed. Land Bank of Wichita v. Musgrove, 1990 OK CIV APP 64, { 7, 796 P.2d 641, 644. “[I]t is not error to deny a continuance in order to afford time to controvert adverse evidence, when the record reflects there was a fair opportunity to controvert and there was no explanation of the nature of the evidence expected to be adduced if the continuance was granted.” Jd …

PAGE 4 · Hail Focus, deposition, summary judgment

… sought from the Holcomb Agency via deposition and written discovery, a good portion of the topics identified relate to State Farm’s claim handling, including “Hail Focus Initiative,” “Claim Handling Hygiene,” so-called “Wind/Hail Playbook,” training by Haag on identification of hail damage, “HAAG Refresher,” APP 106, § 10, 125 P.3d 1249, 1252 (quoting Kepler v. Strain, 1978 OK 52, $7, 579 P.2d 191, 192).

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Reply in Support of ITS Motion for Summary Judgment Timila (West v. StReply in Support of Motion for Summary Judgment, Corrected to Include

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