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:
In our last post, we discussed some rules the courts use to interpret insurance policies. If the contract has language that is subject to more than one interpretation, it is considered to be ambiguous. In Oklahoma when an insurance policy has ambiguous language, we explained the courts construe the language in favor of the
It is no surprise there is often disagreement over whether an insurance policy provides coverage. There are competing interests to be accommodated and sometimes the language used is clearer to one person than another.
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We are often asked, “How do judges decide what the insurance policy really means?” There are volumes of books in law
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Some people, including insurance adjusters, forget an insurance policy is a legally binding contract. Claim representatives who adjust a lot of liability and third-party claims sometimes tend to confuse the issue of coverage under a policy with liability for the accident. These issues are not related.
One reason insurance policies don’t seem like binding contracts
Bubba came to the office last week without an appointment. He was hotter than a firecracker on the 4th of July. He was ranting about wanting to sue his insurance company for “bad fate” and that I could have all of the money from the lawsuit. He said I could put it all in that
The lack of income due to Bubba‘s injuries was devastating. He couldn’t make his mortgage payment and had to move from his home in Wewoka, Oklahoma. When the big day came, Bubba pulled into the yard in his Ford 4×4, and rigged up a homemade hitch to “hook up” his mobile home so that
The truth is Cousin Bubba doesn’t really know a lot about insurance or even law for that matter. He is well versed in the 2nd Amendment and will “tell you right flat out the right to bear arms has nothing to do with the First Lady’s sleeveless dresses.” Bubba doesn’t need to tell you he’s
Cousin Bubba has taught more people about law in Oklahoma than anyone I know. He has an uncanny way of getting into more trouble than a postman in a yard full of pit bulls. The key to learning from Cousin Bubba is to read about him rather than to experience him. We hope you enjoy
