Legal Opinion
Cosper v. Farmers Insurance Co.
Court of Civil Appeals of Oklahoma
Decided July 5, 2013No. 111349PublishedCited by 21 opinions
1Opinion of the Court
BRIAN JACK GOREE, Judge.
T1 David and Donna Cosper sued their insurance agent and insurance company for issuing a homeowners' policy with a replacement value that exceeded the property's actual cash value causing them to pay higher premiums. The exclusive remedy for the alleged cause of action is 36 0.8.2011 § 4804. The trial court correctly dismissed the case because the facts alleged in the petition show the conditions for relief under the statute have not been met.
T2 Defendants, Junior A. Ott and Farmers Insurance Company, filed a motion to dismiss arguing the petition did not state a claim…
2Cases cited10 opinions
- Patel v. OMH Medical Center, Inc.Supreme Court of Oklahoma · 1999
- Fanning v. BrownSupreme Court of Oklahoma · 2004
- Silver v. SlusherSupreme Court of Oklahoma · 1989
- Wathor v. Mutual Assurance Administrators, Inc.Supreme Court of Oklahoma · 2004
- Swickey v. Silvey CompaniesCourt of Civil Appeals of Oklahoma · 1999
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Hernandez v. Liberty InsuranceDistrict Court, W.D. Oklahoma · 2014
- Barlow v. State Farm Fire and Casualty CompanyDistrict Court, W.D. Oklahoma · 2025
- Brent Rustin v. State Farm Fire and Casualty Company, James McGill, and James McGill Insurance AgencyDistrict Court, E.D. Oklahoma · 2026
- Christina Merrell v. State Farm Fire and Casualty Company and Jason StricklandDistrict Court, E.D. Oklahoma · 2026
- Cisneros v. State Farm Fire and Casualty CompanyDistrict Court, W.D. Oklahoma · 2025
16 more not listed; retrieve them via the Exa API.