Uninsured/Underinsured Motorist Coverage

Last presented in 2020, this is Rex Travis’ comprehensive “book” on uninsured and underinsured motorist coverage in Oklahoma. Inside its over 260 pages you will find Oklahoma UM/UIM History, Statutes, Issues, and Cases:

I. HISTORY AND BACKGROUND

II. THE UNINSURED MOTORIST STATUTES

III. UNINSURED MOTORIST LAW ISSUES

A. What Statute Applies?

1. Which State’s Law Applies?
2. Which UM Statute Applies?

B. Offer and Rejection Issues

C. Who is Insured Under the UM Policy?

D. Stacking — How Many Limits Can the Insured Collect?

E. Who is “Legally Entitled to Recover?”

F. What Exclusions from UM Coverage Are Permitted?

G. What is an Uninsured Motor Vehicle?

H. What Triggers UM Coverage?

1. Loss Resulting from Ownership, Maintenance or Use
2. Are Injuries from Intentional Acts and Punitive Damages Covered?

IV. SUBROGATION ISSUES

I. Procedural Questions

1. How Do You Go About Collecting UM
2. Joinder
3. Standing to Bring UM Claim
4. When to Sue
5. Who Pays First?

J. Miscellaneous Questions

1. Attorney Fees
2. Bifurcation
3. Collateral Source Rule
4. Number of Claims
5. Duty of Good Faith and Fair Dealing
6. Liens
7. Prejudgment Interest
8. What Claims Survive the Death of the Insured?
9. When a Parent Buys Car Insurance for an Adult Child
10. Who Recovers Wrongful Death Damages?
11. Mend the Hold Doctrine
12. UM Coverage on Devices that Don’t Qualify as a Vehicle

V. CONCLUSION

V. ALPHABETICAL CASE CITATION LIST

VI. UM CASE CHRONOLOGY

VII. UM CASE SUMMARIES

VIII. SAMPLE UNINSURED MOTORIST PLEADINGS AND UM STATUTE, 36 O.S. § 3636