A husband and wife purchased a home in which the mortgage holder carried the property insurance policy in the name of the mortgage company. At some point, the couple’s home was damaged by a water leak resulting in significant flooding to their home. The homeowners submitted a claim to the insurance company requesting payment for
Punitive Damages Are Exempted From A Supersedeas Bond
As part of the tort reform law passed in 2009, 12 O.S. § 990.4(I),‘exempted punitive damages from the obligation to post a bond on appeal as a means to stay execution of a judgment. The legislation was declared unconstitutional by the Oklahoma Supreme Court citing Douglas v. Cox Retirement Properties, 2013 OK 37
Litigation Misconduct In Bad Faith Litigation
An insurance company was sued for breach of contract and bad faith and received summary judgment by the trial court. The insured appealed to the Oklahoma Court of Civil Appeals who affirmed in part and reversed in part the trial court’s ruling holding that while a breach of contract did exist since the insurer denied
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 Courts Uphold Theft Of Personal Contents Exclusion
A homeowner searching for a low-cost insurance policy for his home purchased an insurance policy for his residence. The property coverage policy differed from a traditional homeowner’s insurance policy in that the property coverage provided reduced coverage for certain types of losses and didn’t cost as much as homeowners coverage would have. The contract provided
Bubba’s Jury Trial; Day 2
Some Oklahoma lawyers will tell that Opening Statements are the most important part of the case. They claim by the end that the jurors have already made up their mind. Maybe? In my experience, jurors try really hard and listen to the evidence. The statements of the lawyers are not evidence and jurors understand the
The Jury Trial Begins; Bubba Has A Fool For A Lawyer!
The jury trial in Bubba’s fire insurance case started Monday at 9:00 a.m. Bubba decided to try the case ” hisself “. It calls to mind the old saying that a man who represents himself has a fool for a lawyer.
Wewoka Worldwide Insurance showed up to trial with two of those ” tall building
The Jury Trial For Bubba’s Case Hits A Snag
Litigation has a lot of conflicts that really slow down getting your day in court. Sometimes it has to do with the lawyer’s schedule in other courts. Bubba’s insurance case hit one of those snags. Judge Smith set the case on the trial docket that also happened to be the trial docket in a Federal