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The typical Oklahoma business manages a considerable part of its liability risks by purchasing insurance coverage. Businesses sometimes take their insurance coverage for granted.  They just assume insurance will be there if an accident happens.

It is not a wise risk management practice to simply assume you will have coverage for every situation.

A recent decision by the Oklahoma Supreme Court brings the point home. In Siloam Springs Hotel, LLC v. Century Surety Company, 2017 OK 14, a hotel purchased liability coverage to protect against accidents and negligence. Century Surety Company sold the insurance policy.

Guests at the hotel were injured when carbon monoxide entered the air ducts due to leakage from the heater for the indoor swimming pool. The hotel believed it had insurance to cover the claims and potential lawsuits. However, the insurance company said there was no insurance to cover the injuries.  Apparently, there was an exclusion in the insurance policy.


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You don’t always think about a church needing CGL liability insurance. Churches aren’t bad, in fact,  churches are known for doing good. Some church groups engage in food banks, food drives, clothing centers, and all sorts of work to make this world a better place. Why would a church doing good have anything to worry

Drone

Drones, also known as UAV’s (unmanned aerial vehicles), are becoming a public sensation.  As their popularity grows and more people own them, legal issues have begun to surface.  For instance, beginning on December 21, 2015, the FAA, Federal Aviation Administration, will require drones weighing between 0.55 lbs and 55 lbs, including cameras, to be registered

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

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

The Carmack Amendment to the Interstate Commerce Act generally imposes strict liability on motor carriers for actual loss or injury to property which occurs during interstate shipments.

However, there are five (5) exceptions outlined in the Carmack Amendment that a motor carrier can use to deny liability for freight claims. The burden of proof for

Congress enacted the Interstate Commerce Act in 1887 to regulate interstate transportation. Then in 1906 it enacted the Carmack Amendment. The purpose of the Carmack Amendment is to establish uniform federal guidelines designed to remove the uncertainty surrounding a carrier’s liability when damage occurs to a shipper’s interstate shipment. The provisions and limitations of the