Legal Opinion

STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. v. PAYNE

Supreme Court of Oklahoma

Decided December 5, 2017No. Case Number: 115692PublishedCited by 5 opinions

1Opinion of the CourtWyrick, J.

¶1 When describing an insurer’s subrogation claim, we say that the subrogated insurer “steps into the shoes of the plaintiff.” 1 Here, the original plaintiff, Tori Ukpaka, brought a timely lawsuit against the Defendant/Appellee, Nicholas Payne, for injuries arising out of an áutomobile accident that happened in 2012. Ukpaka then voluntarily dismissed that lawsuit in 2015 — after ' the statute of limitations for such actions had run. No one questions that if Ukpaka wanted to refile her claim, the savings statute at 12 O.S. § 100 would allow her up to one year from the date of the dismissal to…

2Cases cited14 opinions

  1. C & C Tile Co. v. Independent Sch. Dist. No. 7 of Tulsa Cty.Supreme Court of Oklahoma · 1972
  2. Cruse v. Board of County CommissionersSupreme Court of Oklahoma · 1995
  3. Aetna Casualty & Surety Co. v. Associates Transports, Inc.Supreme Court of Oklahoma · 1973
  4. Lowder v. Oklahoma Farm Bureau Mutual Insurance Co.Supreme Court of Oklahoma · 1968
  5. Meshek v. CordesSupreme Court of Oklahoma · 1933

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

3Cited by5 opinions

  1. GENERAL STAR INDEMNITY CO. v. HUDSON INSURANCE CO.Supreme Court of Oklahoma · 2026
  2. Rogne v. City of CatoosaDistrict Court, N.D. Oklahoma · 2025
  3. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. v. PAYNESupreme Court of Oklahoma · 2017
  4. Spencer v. NelsonDistrict Court, W.D. Oklahoma · 2021
  5. Steadfast Insurance Company v. Eagle Road Oil LLCDistrict Court, N.D. Oklahoma · 2019

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