Tag Archives: Oklahoma

Court Finds Unreasonable Underpayment of Claim Sufficient Evidence of Bad Faith to Survive Motion to Dismiss

It is generally understood that a disagreement as to scope or cost of damages is not enough to rise to the level of bad faith in first-party property damage cases. However, a recent case out of the Western District of Oklahoma held that evidence of unreasonable underpayment of claim was sufficient to survive a 12(b)(6) … Continue Reading

Calculating Actual Cash Value, Part 22: Oklahoma

In Redcorn v. State Farm Fire & Casualty Company,1 the insured’s roof was damaged by wind or hail. Although the policy did not define “actual cash value,” it contained an endorsement entitled Roof Surface Losses—Actual Cash Value Endorsement, which provided for roof surface repair and replacement coverage on an actual cash value basis: Roof Surfaces: … Continue Reading

Trial Court Finds Carrier Not Bound by Exclusions Cited in Claims Handling Process and Not Estopped From Raising New Exclusions in Litigation

When I get hired on property damage cases, part of the materials I receive from the policyholder, or the public insurance adjuster, is a full or partial denial letter in which the carrier fairly specifically sets out reasons and quotes policy provisions supporting the denial of coverage. If I am hired on a case and … Continue Reading

Are the Necessary Components Making Up a Roof Divisible and Separate?

In Gutkowski v. Oklahoma Farmers Union Mutual Insurance Company,1 the insurance carrier (Farmers) found that the policyholder’s roof warranted a complete replacement due to hail damage. Farmers only agreed to pay for the "direct physical loss to the composition shingles," though, and not the "decking to which the composition singles were attached."2 Farmers argued that, … Continue Reading

Oklahoma Policyholders Receive Nearly $2 Billion In 2013; But Was It Enough? – Oklahoma Coverage Series

In a recent news article published in The Oklahoman, the headline trumpeted “Oklahoma Led Nation In Natural Disaster Insured Losses In 2013.”1 Based on reports we receive, though, it seems an accurate subtitle would have read “But Was It Enough?” In this first installment of my Oklahoma Coverage Series, I’ll take a look at some … Continue Reading
LexBlog