Oklahoma fire claims increase during the winter months. Trapped inside, people use friendly fire as a source of heat. Candles are lit for the holidays for atmosphere. Oklahomans enjoy the warmth of a fireplace on a cold day. The fires are all intentionally lit. A sometimes unexpected cause of fire is the common clothes dryer.
The Relationship Between The MCS-90 Endorsement And The Underlying Insurance Policy
There is some disagreement between the courts in the way they are interpreting and applying the MCS-90 Endorsement and its relationship to the underlying insurance policy.
The majority of jurisdictions consider the insurer’s obligations under the MCS-90 endorsement to be that of a surety and not a modification of the insurance policy. Under the majority
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
“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
Named Driver Exclusion From Coverage
As a result of a collision between a car and a motorcycle, a lawsuit was filed in which a judgment was rendered in favor of the motorcycle driver and his passenger and against the driver of the car for bodily injuries and property damage. A garnishment action was subsequently filed against the car driver’s insurance
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
Cancellation Of Homeowners’ Policy
Cancellation of a homeowners’ insurance policy requires compliance with terms and conditions of the policy. It may sound simple, but we have seen several full blown lawsuits arise over the years where the manner in which the policy was cancelled before a loss occurred was challenged. The starting point is a review of the requirement
Homeowners’ Insurers Must Furnish Blank Proof Of Loss Forms Within 60 Days
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
Appraisal Clause In Homeowner’s Policy Is A Useful Tool
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
The Statute Of Limitations For Filing Suit On A Homeowners’ Fire Policy Is One Year
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