Insurance brokers from London traveling to Oklahoma and marketing for business subject themselves to the personal jurisdiction of the State of Oklahoma when negligence is alleged for their failure to fulfil obligations. In Willbros USA, Inc. v. Certain Underwriters at Lloyd”s of London, 2009 OK CIV APP 90, Mandate Issued: 10-22-2009, the Oklahoma Court of Appeals determined a London-based insurance
Legal Opinion Stating No Coverage Did Not Prevent Bad Faith Judgment
An Oklahoma insurance company’s reliance upon a legal opinion that there was no payment due under the policy did not prevent a judgment for bad faith and punitive damages. In Barnes v. Oklahoma Farm Bureau Mutual Ins. Co., 2000 OK 55, 11 P.3d 162, the insurer purportedly obtained a legal opinion from an
Failure To Obtain A Legal Opinion Can Be Bad Faith
Bad faith can result in Oklahoma from failing to obtain a legal opinion before denying coverage. In Harrell v. Old American Ins. Co., 1991 OK CIV APP 91, 829 P.2d 75, a claims examiner failed to seek legal advice regarding a coverage question before denying payment. The Oklahoma Court of Appeals said it was
Insurance Agent Responsible For Failing To Obtain Coverage
An insurance agent was held responsible for failure to obtain workers’ compensation coverage. In a blog post by Tred Eyerly, a summary of the decision is set forth. Essentially, the agent held herself out as an expert on insurance for certain types of automotive dealerships. The plaintiffs purchased insurance without specifying any particular type of
Oklahoma’s Statute Of Limitations For Contracts
The statute of limitation under 12 O.S. § 95 requires that a lawsuit for breach of contract must be brought within five years if the claim arises from a written contract and within three years if the dispute comes from a contract not reduced to writing. The time in which to file the lawsuit starts at
What Is A Statute Of Repose?
A statute of repose as well as a statute of limitation is a legislative means of ending or terminating the time in which a lawsuit may be brought. "In practical terms, a statute of repose marks the outer time boundary for judicial enforcement of a substantive right whereas a statute of limitation interposes itself only
Plumber Saved By Statute Of Repose
A homeowner hired a plumber to install a new sewer pipeline to his property in 1996. Many years passed until 2007 when a backup of raw sewage was allowed to seep into the home and damage the property. The homeowner filed a lawsuit against the plumber for breach of contract and the negligent work performed installing the
Appraisal Process As A Substitute For Trial
If the goal of both the insurer and the insured is to obtain a prompt resolution of a property damage dispute, appraisal is sometimes an appropriate means to end the discussion and allow everyone to move forward. I have seen appraisal used in $1,000,000.00 disputes and $5,000.00 disagreements.
The Supreme Court in Oklahoma has ruled the party
Bubba Decides To Sue His Insurance Company For Bad Faith Under Oklahoma Law
Last Tuesday, Bubba came to the office to discuss ” his litigatin’ strategy “. Always nice to have some professional help when you are in a lawsuit, huh! Well, Bubba and a few of his buddies had spent the evening before with two cases of beer and their cell phones. One thing about these boys,
Bubba’s House Fire Claim Denied By His Insurance Company
I guess about anyone could see it coming, Bubba’s insurance company denied his house fire claim. The insurer, Wewoka Worldwide Insurance finished its investigation and mailed Bubba a denial letter, then the insurance company took the initiative. Wewoka Worldwide sued Bubba in a declaratory judgment action. Bubba considered it a ” declaration of war “!