Header graphic for print

Tag Archives: coverage

“Claims Made” Versus “Occurrence” Based Insurance Policies

Posted in Insurance Coverage, Liability
Different insurance policies identify different events which trigger coverage. Two types of common insurance policies are "claims made" policies and "occurrence" policies. Under a "claims made" policy, coverage is triggered when, during the policy period, an insured becomes aware of and notifies the insurer of either claims against the insured or situations that might give … 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

Insurance – Liquor Liability

Posted in Liability
A golf course was insured by an insurance policy which included "Liquor Liability Coverage". The parents of a 17-year-old girl working at a golf course brought a lawsuit against the golf course and its manager for allegedly providing alcohol to their daughter following a golf tournament. The girl attempted to drive after consuming a substantial … 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

Bad Faith Action For Damages Claimed By A Homeowner

Posted in Bad Faith
A husband and wife purchased a home in which the mortgage holder carried the property insurance policy in the name of the mortgage company. At some point, the couple’s home was damaged by a water leak resulting in significant flooding to their home. The homeowners submitted a claim to the insurance company requesting payment for … 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 Courts Uphold Theft Of Personal Contents Exclusion

Posted in Homeowners' Insurance
A homeowner searching for a low-cost insurance policy for his home purchased an insurance policy for his residence. The property coverage policy differed from a traditional homeowner’s insurance policy in that the property coverage provided reduced coverage for certain types of losses and didn’t cost as much as homeowners coverage would have. The contract provided … Continue Reading

Failure To Obtain A Legal Opinion Can Be Bad Faith

Posted in Bad Faith
Bad faith can result in Oklahoma from failing to obtain a legal opinion before denying coverage.  In Harrell v. Old American Ins. Co., 1991 OK CIV APP 91, 829 P.2d 75, a claims examiner failed to seek legal advice regarding a coverage question before denying payment.  The Oklahoma Court of Appeals said it was reasonable to … Continue Reading

Copyright © 2014, , A Professional Corporation

Strategy, design, marketing & support by LexBlog