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Legal Opinion · Dissent

Franklin Casualty Insurance Company v. Jones

Supreme Court of Oklahoma

Decided May 23, 1961No. 38919Published

1DissentBerry, Justice

I am unable to agree with the majority opinion.

At all times in controversy, Dr. Jones and Julia Wagner were residents of Seminole County, Oklahoma, and insurer’s principal place of business was in Tulsa County, Oklahoma.

Following the accident, an agent of insurer asked Julia Wagner to “see” a doctor in Oklahoma City. She advised the agent that it would be inconvenient for her to do so and inquired if it would be agreeable for her to “see” a doctor who practiced in Seminole. The agent agreed and she called at the office of Dr. Jones in Seminole who treated her for several months. Insurer knew…

2Cases cited7 opinions

  1. Severson v. Milwaukee Automobile InsuranceWisconsin Supreme Court · 1953
  2. Distefano v. Delta Fire & Casualty CompanyLouisiana Court of Appeal · 1957
  3. Harlow Pub. Co. v. Pennel HarrisonSupreme Court of Oklahoma · 1937
  4. Oklahoma Fire Ins. Co. v. KimpleSupreme Court of Oklahoma · 1916
  5. Guaranty State Bank of Tishomingo v. First Nat. Bank of ArdmoreSupreme Court of Oklahoma · 1926

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