Perfect Investments, Inc. v. Underwriters at Lloyd's, London

MEMORANDUM OPINION

KAUGER, Justice.

The dispositive issue on appeal is whether the appellant/loss payee/mortgagee may proceed with an action against the appellee/insurance company after the insured dismisses her claim with prejudice following settlement with the insurance company. We find that the cause is governed by Conner v. Northwestern Nat'l Casualty Co., 774 P.2d 1055, 1057 (Okla.1989), in which we held that a loss payee may maintain an action against an insurer if a settlement is reached between the insurer and its insured without the loss payee’s knowledge and consent. We find that the…