# Karlson v. City of Oklahoma City

> Supreme Court of Oklahoma · May 28, 1985 · 711 P.2d 72

URL: https://www.frixlaw.com/law-library/cases/9597096

## Case

- **Full name:** Terry G. KARLSON, Appellant, v. the CITY OF OKLAHOMA CITY, a Municipal Corporation, and Alan Curtis Massey and Allstate Insurance Company, Appellees; Terry G. KARLSON, Surviving Father of Brian Karlson, Deceased, Appellant, v. the CITY OF OKLAHOMA CITY, a Municipal Corporation, and Allan Curtis Massey, and Allstate Insurance Company, Appellees; Jennifer CAKORA (Karlson), a Minor of the Age of 15 Years, Who Sues by and Through Her Stepfather, Terry G. KARLSON, as Next Friend, and Terry G. Karlson, Individually, Appellant, v. the CITY OF OKLAHOMA CITY, a Municipal Corporation, and Allstate Insurance Company, Appellees; Dale KARLSON, a Minor of the Age of 5 Who Sues by and Through His Father, Terry G. KARLSON, as Next Friend, and Terry G. Karlson, Individually, Appellant, v. the CITY OF OKLAHOMA CITY, a Municipal Corporation, and Alan Curtis Massey, and Allstate Insurance Company, Appellees; Terry G. KARLSON, as Surviving Husband of His Wife, Dorothy Karlson, Deceased, Appellant, v. the CITY OF OKLAHOMA CITY, a Municipal Corporation, and Alan Curtis Massey, and Allstate Insurance Company, Appellees
- **Court:** Supreme Court of Oklahoma
- **Decided:** May 28, 1985
- **Citations:** 711 P.2d 72; 1985 OK 45; 1985 Okla. LEXIS 118
- **Precedential status:** Published
- **Opinion:** Concurrence by Wilson
- **Judges:** Doolin, Simms, Lavender, Har-Grave, Wilson, Summers, Hodges, Opala, Kauger
- **Cited by:** 27 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9597096

## How later opinions describe it (automated extraction)

- holding that “in a situation where the liability of a tortfeasor is limited by the Political Subdivisions Tort Claims Act, to an amount which will not compensate an insured for all his proven losses suffered in an automobile accident, that insured may recover from his insurer …
- stating that when the construction of an insurance contract is “in doubt,” the contract should be construed more strongly against the insurer and in favor of the insured
- holding insured could recover under UM/UIM policy when tortfeasor’s liability was capped below “an amount which will [] compensate an insured for all his proven losses suffered in an automobile accident”
- rejecting use of governmental immunity defense by insurer while noting requirement that insured establish uninsured motorist’s fault

## Opinion text

ALMA WILSON, Justice,
concurring.
Under the auspices of 36 O.S.1981 § 3636, an insured may procure insurance coverage for himself, as well as others, by electing to pay a premium for injury suffered at the instance of an uninsured or underinsured negligent tortfeasor. Technical limitation on the liability of the negligent tortfeasor provides no basis under the statute for reducing the amount of coverage due those entitled to compensation by virtue of premiums paid under a contract of insurance. Otherwise, insureds would be incapable of protecting themselves to the extent they are required to provide protection to unknown individuals. I do not believe the statute authorizes denial of equal protection to those entitled to full compensation under an insurance contract depending upon the fortuitous identity of the negligent tortfeasor.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9597096. Public record. Not legal advice.