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Date: 12-16-2022
Case Style:
Leo T. Epperson v. Allstate Fire and Casualty Insurance Company
Case Number: 5:21-cv-00786
Judge: Stephen P. Friot
Court: United States District Court for the Western District of Oklahoma (Oklahoma City County)
Plaintiff's Attorney:
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Defendant's Attorney: David B. Donchin, Joshua L. Young, Ryan M. Oldfield
Description: Oklahoma City, Oklahoma insurance law lawyer represented Plaintiff, who sued Defendant on a breach of contract theory claiming to have suffered more than $75,000 in damages as a direct result.
It is recognized that insurance companies are quasi-public in nature and are subject of state control for the protection and benefit of the public.
Oklahoma Benefit Life Ass'n v. Bird, 192 Okl. 288, 135 P.2d 994 (1943). Perusal of our Insurance Code, Title 36, Oklahoma Statutes, reveals the extensive government regulation of the industry in this state.
Insurance companies have a duty to act in good faith and deal fairly with their insureds when handling claims made by insureds and against insureds by third parties. For the breach of this duty the courts have imposed liability against the insurer for amounts in excess of the policy limits. American Fidelity and Casualty Co. v. L. C. Jones Trucking Co., Okl., 321 P.2d 685 (1958); National Mutual Casualty Co. v. Britt, 203 Okl. 175, 200 P.2d 407 (1948).
Christian v. American Home Assur. Co., 577 P.2d 899, 1977 OK 141 (Okla. 1977)
Insurance companies are potentially liable for punitive or exemplary damages if it is found that they violated their duty of good faith and fair dealing with their insureds by refusing to pay claims in full when it was unreasonable under the circumstances for failing to perform proper investigations, did not evaluate the results of an investigation, or otherwise acts in bad faith, wrongfully denied coverage, failed to defend its insured when they should have done so, or refused to settle a claim with policy limits exposing insureds to potential liability in excess of police limits.
Outcome: This action is administratively terminated without prejudice to the rights of the parties to file any stipulation or dismissal, or to seek any order required to obtain a final determination of these proceedings based on the settlement. If parties have not filed any such document within 45 days for the purpose of dismissal pursuant to the settlement and compromise, this action shall be deemed dismissed with prejudice. Signed by Judge Stephen P. Friot on 12/16/2022.
Plaintiff's Experts:
Defendant's Experts:
Comments:
Defendant's Attorney: David B. Donchin, Joshua L. Young, Ryan M. Oldfield
Description: Oklahoma City, Oklahoma insurance law lawyer represented Plaintiff, who sued Defendant on a breach of contract theory claiming to have suffered more than $75,000 in damages as a direct result.
It is recognized that insurance companies are quasi-public in nature and are subject of state control for the protection and benefit of the public.
Oklahoma Benefit Life Ass'n v. Bird, 192 Okl. 288, 135 P.2d 994 (1943). Perusal of our Insurance Code, Title 36, Oklahoma Statutes, reveals the extensive government regulation of the industry in this state.
Insurance companies have a duty to act in good faith and deal fairly with their insureds when handling claims made by insureds and against insureds by third parties. For the breach of this duty the courts have imposed liability against the insurer for amounts in excess of the policy limits. American Fidelity and Casualty Co. v. L. C. Jones Trucking Co., Okl., 321 P.2d 685 (1958); National Mutual Casualty Co. v. Britt, 203 Okl. 175, 200 P.2d 407 (1948).
Christian v. American Home Assur. Co., 577 P.2d 899, 1977 OK 141 (Okla. 1977)
Insurance companies are potentially liable for punitive or exemplary damages if it is found that they violated their duty of good faith and fair dealing with their insureds by refusing to pay claims in full when it was unreasonable under the circumstances for failing to perform proper investigations, did not evaluate the results of an investigation, or otherwise acts in bad faith, wrongfully denied coverage, failed to defend its insured when they should have done so, or refused to settle a claim with policy limits exposing insureds to potential liability in excess of police limits.
Outcome: This action is administratively terminated without prejudice to the rights of the parties to file any stipulation or dismissal, or to seek any order required to obtain a final determination of these proceedings based on the settlement. If parties have not filed any such document within 45 days for the purpose of dismissal pursuant to the settlement and compromise, this action shall be deemed dismissed with prejudice. Signed by Judge Stephen P. Friot on 12/16/2022.
Plaintiff's Experts:
Defendant's Experts:
Comments: