Gianfillippo v. Northland Casualty Co.
Supreme Court of Oklahoma
1Opinion of the Court
HODGES, Chief Justice.
This case presents three issues: 1) Does the Unfair Claim Settlement Practices Act provide a private right of action? 2) Does an insurer’s duty to act in good faith and deal fairly with its insured extend to an insured’s passenger who asserts a claim under the insured’s liability policy? 3) Were fraud claims against the insurer pled with the requisite particularity? These questions are answered in the negative.
Gina Gianfillippo was a passenger injured in a car owned by D & W Sales and driven by Jeffrey Walker. The liability policy covering the car was issued to “AL…
2Cases cited6 opinions
- Kathleen McGinty v. Beranger Volkswagen, Inc.Court of Appeals for the First Circuit · 1980
- Roach v. Atlas Life Insurance Co.Supreme Court of Oklahoma · 1989
- Gay v. AkinSupreme Court of Oklahoma · 1988
- Allstate Insurance Co. v. AmickSupreme Court of Oklahoma · 1984
- Walker v. Chouteau Lime Co., Inc.Supreme Court of Oklahoma · 1993
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Colony Insurance Co. v. BurkeCourt of Appeals for the Tenth Circuit · 2012
- State Ex Rel. Oklahoma Bar Ass'n v. EakinSupreme Court of Oklahoma · 1995
- First Bank of Turley v. Fidelity & Deposit Insurance Co. of MarylandSupreme Court of Oklahoma · 1996
- E.G. Thompson and Betty Thompson v. State Farm Fire and Casualty CompanyCourt of Appeals for the Tenth Circuit · 1994
- May v. Mid-Century Insurance Co.Supreme Court of Oklahoma · 2006
25 more not listed; retrieve them via the Exa API.