Opinion

Doe Ex rel.Doe v. Independent School District No. I-89

  • 780 P.2d 659
  • 1988 OK 115
  • 1988 Okla. LEXIS 130
  • 1988 WL 111055
Court
Supreme Court of Oklahoma
Filed
Oct 18, 1988
Status
Published
Author
Summers
On the bench
Hodges, Doolin, Hargrave, Lavender, Simms, Opala, Wilson, Kauger, Summers
Cited by
10 cases
Authority
More cited than 5.4%

holding equitable estoppel inapplicable where insurer neither admitted liability nor negotiated settlement, engaged in no false or misleading conduct, unequivocally rejected the claim, and insured still had several months to sue

How later courts described this case

  • holding equitable estoppel inapplicable where insurer neither admitted liability nor negotiated settlement, engaged in no false or misleading conduct, unequivocally rejected the claim, and insured still had several months to sue
  • Dissenting opinions which discuss, under prior versions of the statutes which have been amended, the possibility of tolling the 90-day period based on a governmental entity's actions.

Written by the judges who cited it.

The opinion

SUMMERS, Justice,

dissenting.

Plaintiff filed her action six months to the day from the date she was first notified that her claim had been denied by the defendant, satisfying 51 O.S.1981 § 156(C). I therefore dissent for the reasons expressed in my dissenting opinion in Trent v. Board of County Commissioners of Johnston Co., 755 P.2d 615, 621 (Okla.1988).

KAUGER, J., joins in these views.

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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