The frigid winter weather is back. It has been really cold with the result of a lot of broken water lines from the freezing temperatures. People aren’t used to the really cold weather this year. The past two years have been very mild for Oklahoma with much warmer temperatures than the past few weeks. It
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Cold Temperatures Cause Pipes to Burst Resulting In Oklahoma Insurance Claims
Oklahoma’s freezing temperatures cause water lines to freeze and break. Most of us think of winter as the accumulation of snow or ice. Ice can be a major cause of damage to a home, but broken pipes is another type of winter weather that creates insurance claims. Is water damage to a house and personal…
Do Insurance Policies Provide Coverage for Man-made Earthquakes in Oklahoma?
Earthquake insurance is not automatically included in a standard homeowners policy. However, insurance companies may provide coverage for earthquakes for an additional charge. Earthquake coverage may be purchased as either an endorsement to a homeowners insurance policy or it may be purchased as a separate policy of its own. Over the past few years earthquake…
Court Lacked Jurisdiction Over Out-Of-State Insurance Holding Company
Plaintiff filed a lawsuit against her automobile insurance carrier, Granite Insurance Company (“Granite”), for breach of contract and bad faith in investigating her insurance claim. Plaintiff also named as a Defendant American International Group (“AIG”), the holding company for Granite. Granite is one of AIG’s subsidiaries. There was no question in this case that the…
The MCS-90 Endorsement – Background and Purpose
Congress passed the Motor Carrier Act of 1980 (MCA) with the intention of overhauling "outdated and archaic regulatory mechanisms, while retaining the pluses of an industry that has worked by simply conducting itself under the ‘rules of the game.’ " Carolina Cas. Ins. Co. v. Yeates, 584 F.3d 868 (10th Cir. 2009) citing…
Medical Malpractice Insurer Could Not Cancel Claims Made Policy With Knowledge that A Potential Claim Was Pending
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…
“Claims Made” Versus “Occurrence” Based Insurance Policies
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…
No Insurance Coverage Available Because LLC Was Not A Named Insured
No Insurance Coverage Available Because LLC Was Not A Named Insured
No coverage was available to a limited liability company when it was not named as an insured in the liability insurance policy. An individual by the name of Kouk owned multiple businesses. One of the companies, Brown and Kouk Rentals, LLC, owned and rented…
Insurance – Automobiles
A vehicle insured by Shelter Mutual Insurance Company was permissively being driven by an individual who was insured by American Farmers and Ranchers Mutual Insurance Company . The driver was involved in a collision that occurred when he turned left in front of another vehicle which resulted in injuries to the passengers of the second vehicle. The passengers of the other vehicle made claims for property damage and personal injury against the driver for his negligence and submitted claims to both insurance companies.
American Farmers’ policy contained an "other insurance" clause that stated: "provided, however, the insurance with respect to a . . . non-owned automobile shall be excess insurance over any other valid collectible insurance. . . ."
Shelter’s policy also contained an "other insurance" clause which stated: "if there is other insurance which covers the insured’s liability with respect to a claim also covered by this policy, coverages a and b (i.e., bodily injury and property damage liability) of this policy will apply only as excess to other insurance."
The two insurance companies jointly settled the claims and prorated the amount of the settlement based on the liability limits in the respective insurance policies. The Shelter insurance policy contained an "other insurance" exclusion which limited insurance coverage only to claims only in excess of other insurance which covered an insured’s liability. American Farmers reserved the right to recover from Shelter in the event Shelter’s "other insurance" clause was deemed invalid.
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UM Insurance Coverage
A lawsuit arose from a claim presented by the Plaintiff to the insurance company for uninsured motorist coverage. In the claim, Plaintiff stated that he was injured while riding his motorcycle. A red car passed him and cut-off a beige car traveling in the lane in front of him causing the beige car to brake…

