Walker v. Chouteau Lime Co., Inc.
Supreme Court of Oklahoma
1Opinion of the Court
LAVENDER, Vice Chief Justice.
The question presented is whether there is a private cause of action against an insurer who violates provisions of the Unfair Claim Settlement Practices Act, 36 O.S. 1991 & Supp.1992 §§ 1221-1228 (Act). We hold the Act does not provide for a private right of action.
Lewis E. Walker sued Granville B. Head for negligence arising out of an auto accident. Head’s insurance company was sued for violations under the Act. The trial court dismissed the claim against the insurer, finding no private action under the Act. Walker appealed that dismissal. The court of appeals…
2Cases cited1 opinion
- Holbert v. EcheverriaSupreme Court of Oklahoma · 1987
3Cited by27 opinions
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- Carr v. Peerless InsuranceSupreme Court of Vermont · 1998
- Gianfillippo v. Northland Casualty Co.Supreme Court of Oklahoma · 1993
- Doe v. State Ex Rel. Mississippi Dept. of CorrectionsMississippi Supreme Court · 2003
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