# Bailey v. Farmers Insurance Co.

> Court of Civil Appeals of Oklahoma · June 6, 2006 · 137 P.3d 1260

URL: https://www.frixlaw.com/law-library/cases/5153548

## Case

- **Full name:** Wanda BAILEY and Carma Foster v. FARMERS INSURANCE COMPANY, INC.
- **Court:** Court of Civil Appeals of Oklahoma
- **Decided:** June 6, 2006
- **Citations:** 137 P.3d 1260; 2006 OK CIV APP 85; 2006 Okla. Civ. App. LEXIS 52; 2006 WL 1892469
- **Precedential status:** Published
- **Opinion:** Concurring in part by Rapp
- **Judges:** Gabbard, Rapp, Reif
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5153548

## Opinion text

RAPP, V.C.J.,
concurring in part and dissenting in part:
T 1 I concur as to the Majority's holding on the breach of contract claim, but dissent relative to the Majority's holding on the bad faith claim. I would hold there is sufficient evidence upon which reasonable men could disagree concerning the bad faith claim and, therefore, this is an issue for the trier of fact and not subject to summary judgment. I do agree that an insurer has a right to dispute any claim without fear of bad faith when the insurer's dispute is made in good faith and upon solid evidence, and not upon the shifting sands foundation on which the refusal here was based. Accordingly, I would hold the trial court erred in its grant of summary Judgment in the bad faith matter.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5153548. Public record. Not legal advice.