Everything listed under: insurance

  • Liability Question

    Defendant is a permissive user of the vehicle involved in the collision. Insurer for vehicle has tendered limits. Will Defendant be covered under his parent's liability policy as a resident household member, if he is not a named insured?

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  • Auto Insurance for Minors of Divorced Parents

    For automobile insurance purposes, do children(unemancipated minors) of divorced parents have dual residences? And if so, has any Oklahoma court determined a set of factors to examine in deciding the issue of residency?  Read More...

  • Indian Tribe Subrogation

    When an Indian tribe has BCBS health insurance for its employees, does the coverage come under ERISA?  Read More...

  • Insurance Exclusion for Business Use of Vehicle

    Tortfeasor is delivering pizza when he causes wreck with my client. His car is personally insured but they say no coverage because he was using the car for business purposes and they have an exclusion. Is such an exclusion valid and, if so, can it exclude even the minimum coverage required by law?  Read More...

  • Is Employer Liable?

    Employer provides vehicle to employee to drive for work and non-work activities. While driving for personal issue employee causes wreck. Employer admits he was supposed to insure the vehicle but forgot to mail premium, resulting in lapse of coverage for date of loss. Is there any liability on the employer for injuries from the wreck?  Read More...

  • Public policy / insurance policy exclusions

    Am I right that an insurance policy exclusion that is against public policy is not valid and will not be enforced by the courts? Answer: I think you are thinking of a line of cases like McElmurry v. Garbow, 2005 OK CIV APP 38, 116 P.3d 198, 200-201: “Even in the absence of a violation of a law's express provision, an exclusion may nonetheless be invalid for nonconformity to the policy of the law.   Read More...

  • Bad Faith

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  • Fault-Free Accident

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  • Insurance company refused to defend policyholder...

    Insurance company has refused to defend policyholder saying there is no coverage for the claim. We want to enter consent judgment and then pursue garnishment against policy. Policy says insured may make no statement that will assume any obligation or admit any liability, for any “loss” for which we may be liable, without our consent. Given this, is there any way to enter into a consent judgment without losing possibility of coverage?  Read More...
  • Insurance Company Says it Will Pay For One Layer...

    Ins. Co. states it will pay for one (1) layer of removal and one (1) layer of replacement. However, roofing contractors are saying that it is impossible to do work to code by just removing one layer.... Any thoughts on this?  Read More...