Burch v. Allstate Insurance Co.

LAVENDER, J.,

with whom SUMMERS, V.C.J., and HODGES and HARGRAVE, JJ. join, dissenting.

¶ 1 The United States Court of Appeals for the Tenth Circuit certified a question of law to this Court pursuant to the Uniform Certification of Questions of Law Act, 20 O.S.1991, §§ 1601-1611, as amended, asking in effect the following:

When an insured’s damages in an automobile accident exceed a tortfeasor’s automobile insurance liability limits and the'insured seeks payment for damages directly from its underinsured motorist (UIM) carrier, does 36 O.S.1991, § 3636 (now Supp. 1994) mandate the UIM carrier be…