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  • Stillwater Christian v. Church Mutual Ins., 10th Cir. (1999)

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    The United States Court of Appeals for the Tenth Circuit affirmed the district court's denial of Stillwater Christian Church's post-trial motion to set aside summary judgment in favor of Church Mutual Insurance Company. Stillwater Christian Church sued Church Mutual for delays in investigating and paying an insurance claim for property damage from an arson fire. The district court granted summary judgment for Church Mutual, which Stillwater Christian Church sought to set aside with a post-trial motion. The Court of Appeals found no abuse of discretion or reversible error in the district court's denial of that motion.

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    Filed: 1999-04-06 Precedential Status: Non-Precedential Docket: 98-6258

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    The United States Court of Appeals for the Tenth Circuit affirmed the district court's denial of Stillwater Christian Church's post-trial motion to set aside summary judgment in favor of Church Mutual Insurance Company. Stillwater Christian Church sued Church Mutual for delays in investigating and paying an insurance claim for property damage from an arson fire. The district court granted summary judgment for Church Mutual, which Stillwater Christian Church sought to set aside with a post-trial motion. The Court of Appeals found no abuse of discretion or reversible error in the district court's denial of that motion.

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    5 views3 pages

    Stillwater Christian v. Church Mutual Ins., 10th Cir. (1999)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Tenth Circuit affirmed the district court's denial of Stillwater Christian Church's post-trial motion to set aside summary judgment in favor of Church Mutual Insurance Company. Stillwater Christian Church sued Church Mutual for delays in investigating and paying an insurance claim for property damage from an arson fire. The district court granted summary judgment for Church Mutual, which Stillwater Christian Church sought to set aside with a post-trial motion. The Court of Appeals found no abuse of discretion or reversible error in the district court's denial of that motion.

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    of 3

    F I L E D

    UNITED STATES COURT OF APPEALS


    FOR THE TENTH CIRCUIT

    United States Court of Appeals


    Tenth Circuit

    APR 6 1999

    PATRICK FISHER
    Clerk

    STILLWATER CHRISTIAN
    CHURCH,
    Plaintiff-Appellant,
    v.
    CHURCH MUTUAL INSURANCE
    COMPANY, a foreign corporation,

    No. 98-6258
    (D.C. No. CIV-97-901-C)
    (W.D. Okla.)

    Defendant-Appellee.

    ORDER AND JUDGMENT

    Before BALDOCK , BARRETT , and HENRY , Circuit Judges.

    After examining the briefs and appellate record, this panel has determined
    unanimously to grant the parties request for a decision on the briefs without oral
    argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore
    ordered submitted without oral argument.
    This order and judgment is not binding precedent, except under the
    doctrines of law of the case, res judicata, and collateral estoppel. The court
    generally disfavors the citation of orders and judgments; nevertheless, an order
    and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

    Plaintiff-appellant Stillwater Christian Church appeals the district courts


    order denying its post-trial motion to set aside the summary judgment entered in
    favor of defendant-appellee. We exercise jurisdiction under 28 U.S.C. 1291
    and affirm.
    Defendant was the insurer of plaintiffs church property damaged in an
    arson fire. Defendant ultimately paid full coverage for the damage, but plaintiff
    claims defendants delays in investigation and payment violated the policy and
    state insurance law, thereby entitling it to damages, interest, and attorney fees.
    After the district court granted summary judgment to defendant, plaintiff moved
    to set the judgment aside on the grounds that it was not supported by sufficient
    evidence, it was contrary to law, the district court improperly weighed the
    evidence, plaintiff was entitled to sums in addition to the insurance proceeds,
    and newly discovered evidence dictated a different result. On appeal, plaintiff
    argues that the district court erred in denying its post-trial Motion for New Trial
    or Amendment of Judgment and/or Relief from Judgment.
    We review an appeal from a motion to reconsider for abuse of discretion.
    Herr v. Heiman , 75 F.3d 1509, 1515 n.1 (10th Cir. 1996). We have carefully
    reviewed the materials submitted by the parties as well as the applicable law and

    -2-

    we find no abuse of discretion or reversible error. Accordingly, the judgment


    of the United States District Court for the Western District of Oklahoma is
    AFFIRMED for substantially the reasons stated in the district courts orders
    dated February 4, 1998 and May 19, 1998.

    Entered for the Court

    Bobby R. Baldock
    Circuit Judge

    -3-

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