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
Named Driver Exclusion From Coverage
As a result of a collision between a car and a motorcycle, a lawsuit was filed in which a judgment was rendered in favor of the motorcycle driver and his passenger and against the driver of the car for bodily injuries and property damage. A garnishment action was subsequently filed against the car driver’s insurance
Foster Care Liability Insurance Coverage
The State of Oklahoma requires liability insurance for licensed or certified foster parents. In 2002, the Oklahoma Department of Human Services (“DHS”) placed a six-month-old baby in a foster home and liability insurance was provided to the foster mother by two insurers at the expense of the State. Less than one month later, the baby
Liquor Liability Exclusion
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
Exclusion For Inverse Condemnation Held Valid
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
Don’t Dump The UM Coverage
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
Oklahoma Does Not Allow Plaintiffs To Recover For Unnecessary Losses Which Could Have Been Avoided
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,
Coverage Questions – A 19 Year Veteran’s Experience
Coverage decisions tend to be expensive one way or the other. If an insurance company determines coverage exists, then it has to pay for the underlying claim. If the claim was not really covered by the terms of the insurance policy, then the company has incurred an expense that was unnecessary and which adversely impacts
Insurance Fraud In An Application Can Result In Rescission Of The Policy
Oklahoma insurance law attorneys agree there are a number of reasons why a policy may be voided by an insurance company. Fraud by the applicant or policy holder is the most common reason an insurance company would rescind or void an insurance policy. Rescission is defined as:
1. A party’s unilateral unmaking of a contract
False Statements In The Application For Insurance Can Void 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