Oklahoma Insurance Law Blog

Recent Posts from Oklahoma Insurance Law Blog

• Insurance Brokers Doing Business In Oklahoma Subject Themselves To Suit

  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…

• 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…

• 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…

• 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…

• 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…

• 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…

• 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…

• 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…

• Is Deleting Photographs From A Cell Phone Spoliation Of Evidence?

  The "tall building lawyer" found out during the EUO that Bubba took photos of all the hand guns one week before the fire. Bubba was going to send the photos to a disabled vet who just returned home due…

• Bubba Sued With A Declaratory Judgment Action

  Bubba had "another one of them envelopes" sitting down at the Post Office. The lady wouldn't let him peek at this one either. He figured it was the "declaration of war suit."  After the EUO, the…