Opinion

Brashier v. Farmers Ins. Co., Inc.

  • 67 O.B.A.J. 2338
  • 925 P.2d 20
  • 1996 OK 86
  • 1996 Okla. LEXIS 97
  • 1996 WL 393999
Court
Supreme Court of Oklahoma
Filed
Jul 16, 1996
Status
Published
Author
Simms
On the bench
Ala, Wilson, Kauger, Hodges, Opala, Watt, Simms, Summers, Lavender, Hargrave
Cited by
22 cases
Authority
More cited than 5.1%

The opinion

SIMMS, Justice,

concurring in part, dissenting in part:

I respectfully dissent in part from the majority decision. In my opinion the Court of Appeals was correct in reversing the trial court’s award of attorney fees to plaintiff. His claim for bad faith damages was grounded on the uninsured motorist clause and was therefore excluded from coverage under 36 O.S.1991 § 3629(B), as determined by the Court of Appeals.

Additionally, Christian v. American Home Assur.Co., Okl., 577 P.2d 899 (1977), does not support awarding attorney fees to plaintiff here. Contrary to the majority’s assertions, Christian does not stand for the rule that attorney fees are always available in bad faith eases. In Christian there was a clear showing of willful, malicious and oppressive conduct by the insurer. In deciding Christian , this Court recognized the rule that ordinarily attorney fees may not be recovered in the absence of an agreement or statutory authority. We remanded the matter to the trial court, however, to determine whether under those particular facts, appellant came with the exception to that rule established in City Nation Bank v. Owens, Okl., 565 P.2d 4 (1977), allowing recovery of attorney fees upon a showing of misconduct during litigation. The facts here are clearly distinguishable.

The majority exaggerates Christian beyond recognition in stating it made attorney fees an “element of the insured’s damage recovery” for a bad faith refusal to pay a *28 claim and a part of the plaintiffs claim not dependent on an insured’s prevailing party status.

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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