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Category Archives: Insurance Coverage

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Coverage Insurers Each Pay For One-Half Of The Defense

Posted in Insurance Coverage
A physician was sued for defamation and interference with business relations. The physician had liability insurance policies with two different insurers: Physicians Liability and American National. The doctor reported the lawsuit to both insurers. Physicians Liability agreed to defend the lawsuit, but American National refused to provide a defense or participate in the cost of … Continue Reading

Insurance – Automobiles

Posted in Insurance Coverage, Liability
A vehicle insured by Shelter Mutual Insurance Company was permissively being driven by an individual who was insured by American Farmers and Ranchers Mutual Insurance Company . The driver was involved in a collision that occurred when he turned left in front of another vehicle which resulted in injuries to the passengers of the second … Continue Reading

UM Insurance Coverage

Posted in Insurance Coverage
A lawsuit arose from a claim presented by the Plaintiff to the insurance company for uninsured motorist coverage. In the claim, Plaintiff stated that he was injured while riding his motorcycle. A red car passed him and cut-off a beige car traveling in the lane in front of him causing the beige car to brake … Continue Reading

Choice of Law Governing The Liability Under An Insurance Contract

Posted in Insurance Coverage
A product distributor in the oil-drilling industry was sued by several individuals claiming they were exposed to asbestos in the products distributed. The distributor subsequently filed claims with its multiple insurance companies seeking liability coverage. The insurers disagreed there was coverage for the liability claims under the policies. A series of declaratory judgment actions ensued … Continue Reading

Liquor Liability Exclusion

Posted in Insurance Coverage, Liability
An insurance company provided liquor liability coverage to a restaurant/tavern including coverage for injuries "imposed" on the insured resulting from "selling, serving or furnishing of any alcoholic beverage". The club was sued in an underlying state court action by the parent/guardians of three minor Plaintiffs who were purportedly injured as bystanders to a fight which … Continue Reading

Exclusion For Inverse Condemnation Held Valid

Posted in Insurance Coverage, Liability
An insurer sold a liability insurance policy to a municipality which specifically excluded coverage for inverse condemnation. The municipality was sued in an inverse condemnation action and filed a claim under the insurance policy after a verdict was returned against the municipality. The claim was denied under the insurance policy exclusion for inverse condemnation. As … Continue Reading

Don’t Dump The UM Coverage

Posted in Insurance Coverage, Liability
In September, 2010, a commercial auto insurance policy was issued to a county commissioner including uninsured motorist coverage for county vehicles. The liability limits of the policy included $125,000 per person and a maximum of $1 Million per accident. A county worker was injured on the job while performing road-resurfacing duties and filed a claim … Continue Reading

Oklahoma Does Not Allow Plaintiffs To Recover For Unnecessary Losses Which Could Have Been Avoided

Posted in Damages, Insurance Coverage
Unnecessary damages which could have been avoided by the insured cannot be recovered in a lawsuit for breach of contract as every Oklahoma insurance lawyer well knows.  A party who asserts a claim for breach of contract against an insurance company has a duty to use reasonable efforts to mitigate his damages.  Hidalgo Properties, Inc. v. … Continue Reading

False Statements In The Application For Insurance Can Void Coverage

Posted in Insurance Coverage
 Fraud perpetrated in any contract can relieve the other party of the duty to perform.  In other words, fraud or making false statements is legally unacceptable.  Fraud includes any statement or act that is intended to deceive someone into entering into the contract.  Fraud consists of: A Suggestion that something is true when in fact it is … Continue Reading

Courts Use Rules Of Interpretation To Decide What An Insurance Policy Really Means

Posted in Insurance Coverage
It is no surprise there is often disagreement over whether an insurance policy provides coverage. There are competing interests to be accommodated and sometimes the language used is clearer to one person than another. We are often asked, “How do judges decide what the insurance policy really means?” There are volumes of books in law … Continue Reading

Under Oklahoma Law An Insurance Policy Is A Contract

Posted in Insurance Coverage
Some people, including insurance adjusters, forget an insurance policy is a legally binding contract.  Claim representatives who adjust a lot of liability and third-party claims sometimes tend to confuse the issue of coverage under a policy with liability for the accident.  These issues are not related. One reason insurance policies don’t seem like binding contracts is … Continue Reading

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