GAPS, TRAPS, AND CAPS: The Confusing Nature of Uninsured Motorist Coverage in Oklahoma

Oklahoma’s uninsured motorist (UM)/underinsured motorist (UIM) statute is found at § 3636 of the Oklahoma statutes. [1] It mandates UM coverage in Oklahoma to protect insured persons from monetary loss due to personal injury or property damage resulting from an accident caused by another who carries no liability insurance or who is otherwise underinsured. [2]…

Subrogation

SUBROGATING THE UNKOWN: Undecided or Imponderable Issues Subrogation Professionals Face

One of the characteristics of multi-state or nationwide subrogation experienced by claims professionals, lawyers, and judges alike is the frequency with which we run into subrogation issues or questions which seemingly have no clear answers. Quite often we receive uneducated opinions, best advice, or likely answers to these issues, but there are no clear-cut case…

Texas

TEXAS COURT SAYS EMPLOYER RESPONSIBILITY OFFSET NOT APPLICABLE TO PRE-TRIAL SETTLEMENTS IN WORKERS’ COMPENSATION THIRD-PARTY LAWSUITS Old Republic Ins. Co. v. Morris, 2024 WL 4350334 (Tex. App. 2024)

During most of the 20th Century, Texas boasted a workers’ compensation subrogation scheme which was in the top five most favorable for carriers. That all began to change when the state began a series of legislative changes and issued a number of case decisions began to erode the rights of a subrogation workers’ compensation carrier.…