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
Oklahoma attorneys defending lawsuits brought by policyholders against insurance companies regularly use the defense of forseeability to limit special damages which are claimed in the lawsuit. Special damages for failure to pay under an insurance policy must be the kind of damages that would ordinarily result from breach of contract. The concept comes under the
The purpose of a sworn proof of loss is to document the amount claimed is accurate and a genuine loss. If it later turns out the claim was inflated or fraudulent, the sworn statement can be used by a prosecutor for insurance fraud in a criminal case or denial of the claim for insurance for
Most homeowners’ insurance policies provide disputes over the value of the claim can be taken to appraisal and the amount determined by disinterested parties. The appraisal clause has its roots in the statutory fire policy addressed in earlier posts. The statutory provision provides for appraisal upon the request of either party to the claim. The
Bubba‘s insurance company sent him a letter by certified mail. Bubba didn’t sign for it “’cause he wasn’t about to let some @#$%^ serve him any legal papers!” He tried to talk the lady at the post office into letting him see inside the envelope without signing for it. She really wanted to help
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
Oklahoma recently passed a tort reform bill into law which will be effective November 1, 2009. The following are the highlights of the legislature’s actions.
Expert Affidavits 12 O.S. 19
In any civil action alleging "professional negligence", the Plaintiff must attach an affidavit to their Petition attesting that:
1. The Plaintiff has consulted with a
It has come as a surprise to many an attorney that Oklahoma has a one year statute of limitation in which to file a lawsuit for a claim involving a fire loss. The one year limitation is set forth by statute in the statutory fire policy. This rule is a significant exception to the typical
The Oklahoma legislature in 36 O.S. § 4803 has adopted a statutory version of a fire policy sometimes referred to as the “New York Standard Fire Policy”. The statute requires all insurance companies issuing homeowners’ policies in Oklahoma to have the minimum coverage required by the statute unless special approval has been received from the
Bubba still hasn’t been paid for his mobile home that burned when the squirrel’s tail caught fire and went running through the house. The squirrel seems to be doing okay even though he doesn’t have a tail anymore. Bubba saw him the other day from his tent he pitched underneath the tree to live in
