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.
Sat, August 29, 2009