Ask Rex a Legal Question

 

Ask Rex a legal question. For attorneys only. Use the box below to enter your question. Please provide your email address so Rex can answer by email. Most responses will also be posted in archives below.

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  • Statutory Fire Policy and Time to Sue Limitations

    Question: Can an insurance company assert a 1-year statute of limitations (SOL) on a property policy prior to the client hiring an attorney?Answer: There is a provision in the Unfair Claim Settlement Practices Act which requires the insurance company to notify the unrepresented insured or claimant of an upcoming statute of limitations. There are a few cases around the country (but none in Oklahoma) that failure of the insurance company to comply with this requirement estops the insurance company...  Read More...

  • Stacking UM Limits

    Question: Can my client stack UM limits on a Texas policy for a car garaged and registered in the state of Oklahoma?Answer: I think you may be able to stack the coverage, but I don’t think Leritz v. Farmers quite gets you there because of the difference in the policy language in the UM policy.I think you case sounds a bit like Rhody v. State Farm, 771 F.2d 1416 (10th Cir.   Read More...

  • Liens and UM Coverage

    Question: Does an air ambulance or Medicaid lien attach to a UM payout?Answer: At one time, the result would have been different, but now physician’s liens (under 42 O.S. 46), hospital liens (under 42 O.S. 43) and ambulance liens (under 42 O.S.   Read More...

  • Insurance Company with No Document Retention Policy

    Question: Is it bad faith for the insurance company to destroy client’s recorded initial phone call to the claims department? Is it bad faith for them to regularly destroy calls after 90 days without a written document retention policy?Answer: If a jury believes they really don’t have a written retention policy, I think the jury will find them stupid, but probably not in bad faith. If you can make this into something more sinister, it might make a jury really mad.   Read More...

  • Traffic Ticket and Evidence

    Question: Is Paying a Traffic Ticket an Admission of Guilt?Answer: I hate to be a bearer of bad tidings, but I don’t think you’re going to be able to get this in. The cases have sort of gone back and forth over the years but I think the current law is not good for you. See:Traffic Citation or Arrest – EvidenceLaughlin v.   Read More...

  • Oklahoma Governmental Tort Claims Act Notice

    Question: Does OGTCA notice “within one year” mean notice must be received by the agency within one year, or can it be mailed within one year? What is the proper agency to notice for Norman Regional Hospital?Answer: I don’t know of or find a case on the mailed v. received issue.   Read More...

  • More Treatment Following Settlement of Claim

    Question: Can client’s health insurance demand additional subrogation for follow up treatment provided after client’s 3rd party claim was settled and disbursed? Are bills for such treatment considered unrelated?Answer: I don’t think you can eliminate the bills as unrelated if they are a follow-up to the treatment for the injuries incurred in the collision from which your claim arose. However, I think the subrogation claim ceased as to treatment incurred after you settled the cl...  Read More...

  • Wrongful Death or Survivor’s Claim?

    Question: Does a wrongful death claim eliminate a survivor’s claim?Answer: No, a wrongful death claim does not preclude a survivor claim. You can have either or it is very common to have both asserted in the same lawsuit.   Read More...

  • FEHBA Preemption and Common Fund Doctrine

    Question: Is there any federal common law that supports the “common fund” doctrine?Answer: I think you are getting ready to lose this one. I have read Helfrich and find it sobering. The problem I see is that the judge is going to be bound to follow Helfrich, because it is a 10th Circuit decision, binding on her/him as a District Judge in the Circuit.   Read More...

  • Oklahoma Make Whole Rule

    Question: Does Oklahoma’s “make whole” rule apply to a large subrogation demand from client’s Oklahoma insurer on an individually purchased health insurance plan?Answer: I think the direct answer is that the make whole rule will be applied except to the extent that the insurance plan has language negating the applicability of the make whole rule.Equity Fire and Cas. Co. v.   Read More...

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