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Tag Archives: declaratory

Medical Malpractice Insurer Could Not Cancel Claims Made Policy With Knowledge that A Potential Claim Was Pending

Posted in Damages, Insurance Coverage, Liability
Physicians Liability Insurance Company (“PLICO”), issued a “claims made“ medical malpractice insurance policy to Defendant Mark Valentine. As a result of Valentine’s negligence during a surgical procedure, David Wurtz died. The Oklahoma Board of Medical Licensure reviewed the situation and revoked Valentine’s medical license. Shortly thereafter, Valentine sent a letter to his insurance agency requesting… 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

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

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

Bubba Sued With A Declaratory Judgment Action By His Own Insurance Company

Posted in Bubba on Oklahoma Law
Bubba had “another one of them envelopes” sitting down at the Post Office. The lady wouldn’t let him peek at this one either. He figured it was the “declaration of war suit.”  After the EUO, the other lawyer made the comment this might end up as a “dec action.”  I had explained to Bubba that insurance companies often… Continue Reading

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