Associated Indemnity Corporation v. Cannon

BARNES, Justice:

Here we are concerned with the question: Can an insured sue his insurer directly without first suing the uninsured motorist tort-feasor where the identity of the uninsured motorist is known and he is subject to process?

Title 36 O.S. § 3636 contains the requirement for compulsory uninsured motorist coverage in Oklahoma. The part of that statute pertinent to this case is (B), paragraph two:

“The uninsured motorist coverage shall be upon a form approved by the State Board for Property and Casualty Rates as otherwise provided in the Insurance Code and may provide that the parties…