Brashier v. Farmers Ins. Co., Inc.

OP ALA, Justice.

Certiorari was granted on insured’s petition to determine whether — qua victor in a tort claim against his UM insurer for bad-faith refusal to pay an insurance loss — the insured was entitled to counsel fee, prejudgment interest and costs. Tendered are three issues: [1] Does the exclusion of UM coverage from the terms of 36 O.S.1991 § 3629(B)1 abrogate the common law of tort liability settled by Christian v. American Home Assur. Co.2 insofar as counsel-fee recovery constitutes an element of damages in a bad-faith tort claim? [2] Are the proceeds of UM indemnity to be treated…