Legal Opinion
Welch v. Union Mutual Insurance Co. of Providence
Supreme Court of Oklahoma
Decided June 27, 1989No. 68427PublishedCited by 35 opinions
1Opinion of the Court
DOOLIN, Justice.
The issues presented in this case are ones of first impression. First, must a claimant’s uninsured motorist coverage be exhausted before a claim can be made against the Oklahoma Guaranty Association? Second, can the uninsured motorist carrier maintain a claim of indemnity against the tort-feasor?
We hold 36 O.S.1981 §§ 3636 and 2012 prior to amendment are controlling and require claimants to first exhaust claims against their own uninsured motorist carrier before they can recover against the Guaranty Association. Further, the uninsured motorist carrier may maintain a claim…
2Cases cited9 opinions
- Trinity Broadcasting Corp. v. Leeco Oil Co.Supreme Court of Oklahoma · 1984
- Lucas v. Illinois Insurance Guaranty FundAppellate Court of Illinois · 1977
- Magnolia Pipe Line Co. v. Oklahoma Tax CommissionSupreme Court of Oklahoma · 1946
- Hickerson v. Protective Nat. Ins. Co.Supreme Court of Louisiana · 1980
- Wilson v. State Ex Rel. Oklahoma Tax CommissionSupreme Court of Oklahoma · 1979
4 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Oglesby v. Liberty Mutual Insurance Co.Supreme Court of Oklahoma · 1992
- Starkey v. Oklahoma Department of CorrectionsSupreme Court of Oklahoma · 2013
- Forest Oil Corp. v. Corporation Com'n of OklahomaSupreme Court of Oklahoma · 1991
- Sudbury v. DeterdingSupreme Court of Oklahoma · 2001
- Texas County Irrigation & Water Resources Ass'n v. Oklahoma Water Resources BoardSupreme Court of Oklahoma · 1990
30 more not listed; retrieve them via the Exa API.