Legal Opinion

Uptegraft v. Home Insurance Co.

Supreme Court of Oklahoma

Decided April 20, 1983No. 59699PublishedCited by 152 opinions

1Opinion of the Court

OPALA, Justice:

Certified to us under the Uniform Certification of Questions of Law Act, 20 O.S.1981 § 1601 et seq., is the following first-impression question:

“Does an injured person, by failing to commence an action against an uninsured motorist tortfeasor within the time established by 12 Okla.Stat.1981 § 95 Third, thereby discharge the injured person’s insurer from liability upon its uninsured motorist insurance policy?”

We answer in the negative and hold that actions to recover a loss under the uninsured motorist coverage are governed by the five-year statute of limitations applicable to…

2Cases cited35 opinions

  1. Pickering v. American Employers InsuranceSupreme Court of Rhode Island · 1971
  2. Booth v. Fireman's Fund Insurance CompanySupreme Court of Louisiana · 1968
  3. Laird v. Nationwide InsuranceSupreme Court of South Carolina · 1964
  4. Winner v. RatzlaffSupreme Court of Kansas · 1973
  5. Sahloff v. Western Casualty & Surety Co.Wisconsin Supreme Court · 1969

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3Cited by152 opinions

  1. Reynolds v. PorterSupreme Court of Oklahoma · 1988
  2. Buzzard v. Farmers Ins. Co., Inc.Supreme Court of Oklahoma · 1991
  3. Silver v. SlusherSupreme Court of Oklahoma · 1989
  4. Britton v. Safeco Insurance Co. of AmericaWashington Supreme Court · 1985
  5. Frey v. Independence Fire & Casualty Co.Supreme Court of Oklahoma · 1985

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