Can I still file a direct action against trucking company’s insurance company?

Are violations of the Oklahoma Unfair Claims Settlement Practices Act admissible in a bad faith claim independently, or through expert testimony, and available as a jury instruction? I recognize that there is no independent cause for such violations.

I have a case against a city and its employee in a car wreck. we sued the city and the employee individually. City admits employee was in course and scope of employment and filed motion to dismiss with prejudice the employee, citing GTCA and case law. Can we keep the employee in the case or should we dismiss?

I have a client from Florida who was in an accident in Oklahoma.  Oklahoma driver didn’t have insurance and we made claim on UM.  UM wants credit for med pay paid per Bohannan as credits are allowed in Florida.   My argument is that Bohannan upheld Pate v. MFA Mut. Ins. Co which made set offs or credits against public policy in Oklahoma so it falls outside the Bohannan case.

Is an employee of tenant business treated as an invitee of building owner?

Before wrongful death case was filed, probate court enters an order finding administrator was decedent's common law spouse.  Defendant in later filed wrongful death case is now trying to prove administrator was not common law spouse.  Seems to me this issue is already decided.

I remember a case regarding the improper cancellation of an auto policy for nonpayment of premium.  A short reply with the cite or circumstances of cancellation would be appreciated.

Plaster v. State Farm, 1989 OK 167, holds that a rejection of UM coverage by less than all named insureds is not a complete rejection. Client is a member of the household of two named insureds with two policies. If both named insureds did not reject the UM, can the UM of both policies be stacked?

We have a case where the interstate trucking company causing wreck had no insurance. Can we recover from the shipper who used the illegal trucking company?

Lawsuit against corporation and individuals wherein we are alleging corporate liability based the individuals' conduct under an apparent agency relationship.  The individuals are in default.  Is there any drawback to proceeding with taking default against the individual defendants and having a hearing to determine damages?   Would corporation be estopped from contesting the damages established in the default award, if corporate liability under the apparent agency theory was subsequently established?

Employee of Union Public Schools is enrolled in a health plan that is self insured through the School district. Can I make a bad faith case against district for failure to timely pay claims?

Is UM carrier entitled to offset based upon payments made under medical payments coverage?

Does Kansas UM stack?

Do MRI and ambulance service liens attach to UM proceeds?

Delaware corporation claims "internal affairs" doctrine prevents me from piercing corporate veil or alleging alter ego in a claim against a nursing home chain hiding behind its shell corps and Delaware law in order to defeat my recovery.

When state court case is removed to federal court is the state court issued discovery still due in 30 days? Or is it stayed and the FRCP then applies? I am trying to figure out when my discovery deadline is now that my case went from Oklahoma County to the Western District.

Does health insurance company have subro interest in med pay monies?

I'm looking for forms and procedures for non judicial determination of death to clear title on joint tenancy property without having to do a probate.

I've got a case where 2 adults were given an excessive amount of alcohol. My client gets in the car with the other drunk guy driving, driver flips the car and my client is injured. Am I correct that dram shop only applies when the tavern owner provides alcohol to minors or is the bar liable in this scenario?

Client injured on the job - hit by a car driven for state entity. Can client elect between filing a comp claim or pursuing third-party governmental tort claim?

1. Minor involved in MVA; 2. Minor's parent's incur medical bills; 3. Minor files lawsuit medical bills not allowed in suit by judge; 4. Minor loses lawsuit (asking for P&S only); 5. Mom wishes to file lawsuit to ask medical bills be paid. Is mom's claim precluded?

I took over a case where two companies were sued in Oklahoma County. They denied jurisdiction in Oklahoma County saying they are not citizens of Oklahoma or Oklahoma County (they haven't removed). I later filed suit against two other defendants in Tulsa County, one of which is a resident of Tulsa County. I want to transfer the Oklahoma County case to Tulsa and consolidate the two actions. Do I move for transfer and consolidation in the Tulsa or the OKC case?

If the judge denies challenge for cause do I have to use a pre-emptory on that particular juror to preserve error; or do I simply have to use all pre-emptories before accepting the jury.

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?

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?

If husband is driving and wife is injured through his fault, can wife (a named insured on their policy) recover full amount of LIABILITY policy and full amount of UIM policy as well?

Client in pure uninsured motorist position after motorcycle crash has two UM policies (different companies) one on the motorcycle and the other on her car. Evaluation is below both 25K UM limits. It is my position that both UM policies must evaluate and pay from first dollar since client paid separate premiums to separate carriers. Carrier on car says its UM is excess beyond motorcycle UM (relying on "payments by 'other policies'" provision. thoughts?

I'm looking for Oklahoma cases where the attorney fee award significantly exceeded the amount of the verdict.

Mom and Dad are separated or divorced. Dad's policy includes Daughter A's car. Daughter A lives in college dorm. Daughter B lives with mom. Daughter B is riding with Daughter A, accident in which there is a claim Daughter A is partly at fault. Daughter A is a disclosed driver of the vehicle. Is there any reasonable question or argument that the UM coverage applies as to Daughter B's injuries?

I represent two Oklahoma residents in Missouri auto wreck. Can I combine their damages to meet amount in controversy to file in federal court so as not to have to file in Missouri?

Client was injured in a collision with construction debris dropped on road by unknown vehicle. Can I collect UM money?

In a wrongful death case against the county am I capped under GTCA at $125,000 each for mother and father, or for one total of $125,000?

Appointed personal rep files wrongful death case individually and as personal representative of the estate. Defendant moves for summary judgment claiming Joe Blow can’t sue individually, but only on behalf of the estate. Any thoughts?

Isn't it true a health insurance subrogation claim is null and void against a GTCA case?