# Newport v. USAA

> Supreme Court of Oklahoma · August 1, 2000 · 11 P.3d 190

URL: https://www.frixlaw.com/law-library/cases/9786124

## Case

- **Full name:** Sammie Lou NEWPORT, Individually and as Personal Representative of the Estate of Bobby D. Newport, Deceased, Appellee, v. USAA, an Unincorporated Reciprocal Insurance Association, Appellant, v. Donavan Terry, Third-Party Defendant
- **Court:** Supreme Court of Oklahoma
- **Decided:** August 1, 2000
- **Citations:** 11 P.3d 190; 2000 OK 59; 2000 WL 1006635
- **Precedential status:** Published
- **Opinion:** Dissent by Opala
- **Judges:** Hodges, Lavender, Kauger, Watt, Boudreau, Winchester, Opala, Summers, Hargrave
- **Cited by:** 62 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/9786124

## How later opinions describe it (automated extraction)

- holding that the duty of good faith “prevents an insurer from offering less than what its own investigation reveals to be the claim’s value” and that the insured’s bad faith claim was appropriately resolved by jury where the insurer “promised to make [certain] coverage availab…
- holding that after a reasonable investigation, an insurer must promptly settle a claim “for the value or within the range assigned to the claim as a result of its investigation.”
- noting “there [was] no indication” in claim file that insurer questioned causation of claimant’s injuries prior to pretrial conference in litigation related to claim

## Opinion text

OPALA, J.,
dissenting.
T1 I eannot join today's pronouncement. I must recede from the unforeshadowed, sua sponte abandonment of Brashier v. Farmers Insurance Co., 1996 OK 86 , 925 P.2d 20 , whose death warrant is given retrospective effect in violation of Art 5, §§ 52 and 54, OkL. Const. For a detailed explanation of my views, see Barnes v. Oklahoma Farm Bureau Mut. Ins. Co., 2000 OK 55 , 11 P.3d 162 (Opala, J., dissenting).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9786124. Public record. Not legal advice.