Opinion

Vincent v. Tri-State Insurance Co.

  • 65 O.B.A.J. 1659
  • 874 P.2d 65
  • 1994 OK CIV APP 24
  • 1994 Okla. Civ. App. LEXIS 31
  • 1994 WL 175963
Court
Court of Civil Appeals of Oklahoma
Filed
Feb 15, 1994
Status
Published
Author
Hansen
On the bench
Adams, Hansen, Jones
Cited by
0 cases
Authority
More cited than 23.0%

The opinion

HANSEN, Judge,

concurring in judgment:

In my view, Plaintiffs waived their right to collect under the uninsured motorist provision of their insurance policy by settling their tort action against Coors. Coors carried $1,000,000.00 in liability insurance. Plaintiffs settled for $65,000.00. The uninsured motorist statute is designed to protect persons who are legally entitled to recover from the owner or the operator of a hit and run vehicle. Brown v. United Services Automobile Association, 684 P.2d 1195 (Okla.1984). A plaintiff is entitled to sue the insurer under the uninsured motorist clause of his policy where neither the driver nor the owner of the hit and run vehicle can be identified sufficiently to obtain a valid judgment against him. High v. Southwestern Insurance Company, 520 P.2d 662 (Okla.1974). Here Plaintiffs identified the tort-feasor, filed a lawsuit and obtained a settlement of their damages. They were not left stranded. Although they settled their action with Coors prior to judgement, Plaintiffs have received all compensation to which they are entitled.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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