McKinley v. Prudential Property & Casualty Insurance Co.

REYNOLDS, Presiding Judge:

The issue here is whether the amendment to Title 36 O.S. § 3636(C), effective March 16, 1976, that changed the definition of an “uninsured motorist,” is applicable to the uninsured motorist provisions of a pre-ex-isting automobile insurance contract.

Title 36 O.S. § 3636(C), prior to the 1976 amendment, provided for uninsured motorist coverage but not underinsured motorist coverage. Simmons v. Hartford Accident & Indemnity Co., Okl., 543 P.2d 1384 (1975). The 1976 amendment thereto expanded the definition of an uninsured motorist to include the situation where an…