Thomas v. National Automobile & Casualty Insurance Co.

OP ALA, Justice.

The dispositive issue on certiorari is whether exclusionary provisions in a California liability policy, which leave an injured passenger without any coverage, are contrary to the legislative policy in Oklahoma’s compulsory liability insurance law? We answer in the affirmative and hold that, on the record in this case, the clauses are nugatory against the passenger’s claim for protection under the minimum statutory liability coverage.

I

THE ANATOMY OF LITIGATION

Homer Thomas, plaintiff-appellant [Thomas], was injured on July 16, 1985 in a one-car accident while a passenger in a…