Legal Opinion

Gianfillippo v. Northland Casualty Co.

Supreme Court of Oklahoma

Decided October 5, 1993No. 71032PublishedCited by 30 opinions

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

  1. Kathleen McGinty v. Beranger Volkswagen, Inc.Court of Appeals for the First Circuit · 1980
  2. Roach v. Atlas Life Insurance Co.Supreme Court of Oklahoma · 1989
  3. Gay v. AkinSupreme Court of Oklahoma · 1988
  4. Allstate Insurance Co. v. AmickSupreme Court of Oklahoma · 1984
  5. Walker v. Chouteau Lime Co., Inc.Supreme Court of Oklahoma · 1993

1 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Colony Insurance Co. v. BurkeCourt of Appeals for the Tenth Circuit · 2012
  2. State Ex Rel. Oklahoma Bar Ass'n v. EakinSupreme Court of Oklahoma · 1995
  3. First Bank of Turley v. Fidelity & Deposit Insurance Co. of MarylandSupreme Court of Oklahoma · 1996
  4. E.G. Thompson and Betty Thompson v. State Farm Fire and Casualty CompanyCourt of Appeals for the Tenth Circuit · 1994
  5. May v. Mid-Century Insurance Co.Supreme Court of Oklahoma · 2006

25 more not listed; retrieve them via the Exa API.

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