Oklahoma Supreme Court: UM Coverage Follows the Insured, Not the Vehicle
Won by Fulmer Sill.
The Oklahoma Supreme Court held that Progressive could not deny uninsured motorist benefits to a motorcyclist who had paid for UM coverage on a separate auto policy, ruling the exclusionary language void as against public policy.
What happened
On August 14, 2019, John Randall Coates was riding his 1964 Triumph Bonneville motorcycle in Kay County, Oklahoma, when a vehicle driven by Mary Toney crossed his path and struck him. The collision left Coates with serious injuries and an at-fault driver who lacked adequate liability coverage.
Coates held two insurance policies through Progressive: a motorcycle policy, under which he had declined to purchase uninsured motorist coverage, and a separate automobile policy on his Dodge Ram pickup that included UM coverage of $25,000 per person and $50,000 per accident. He filed a claim under the auto policy after the crash. Progressive denied it. The insurer argued that because the motorcycle was not a listed vehicle on the auto policy, the UM coverage written into that policy simply did not apply to the motorcycle collision.
Coates, represented by Simone Fulmer Gaus, Harrison Lujan, Jacob Rowe, and Andrea Rust of Fulmer Sill, filed suit in the District Court of Kay County for breach of contract and bad faith. The trial court granted Coates partial summary judgment on the UM entitlement question, finding in his favor. It separately granted Progressive summary judgment dismissing the bad faith claim, a ruling the trial court reached after denying Coates additional time for discovery.
Progressive appealed the UM ruling; Coates cross-appealed on bad faith. On May 3, 2022, the Oklahoma Supreme Court issued its opinion as 2022 OK 45. The court affirmed that Coates was entitled to UM benefits under his auto policy. Oklahoma law, the court explained, ties UM coverage to the insured person rather than to any specific vehicle. Progressive's policy exclusion, which tried to block recovery whenever an injury arose from a vehicle not listed on the same policy, directly conflicted with the protections set out in 36 O.S. Section 3636 and was therefore void.
On the bad faith claim, the court reversed. It found the trial court had abused its discretion by refusing Coates additional discovery time before ruling on that count, and it remanded the bad faith question for further proceedings. The combined effect of the decision was to restore both the UM benefits Coates had paid for and his right to pursue the insurer for the manner in which it handled his claim.
Sources
This account is drawn from contemporaneous public reporting and the court record.
More proven verdicts from Fulmer Sill
All Fulmer Sill proven verdicts →The Tenth Circuit reversed a preemption-based dismissal and reinstated state-law mislabeling claims brought by cancer treatment providers who alleged that Genentech's Herceptin vials consistently contained less than the labeled 440 mg of trastuzumab, with Matthew Sill of Fulmer Sill serving as co-lead MDL counsel for the hospital plaintiffs.
Related car accident verdicts
On December 7, 2021, a Nueces County jury in Corpus Christi returned $1.04 billion in actual damages and $300 billion in exemplary damages, about $301.04 billion in total, against Beer Belly's Sports Bar and its owner for overserving a driver who killed Tamra Kay Kindred, 59, and her 16-year-old granddaughter in a 2017 crash. It was reported as the largest jury verdict ever recorded, and it was built to be symbolic: the bar had closed in 2019, Texas does not require bars to carry liquor liability insurance, and the family and its lawyers said openly that they expected to recover nothing and sought the number as a public statement against drunk driving. John Flood of Flood Trial Lawyers was lead counsel, with Sico, Hoelscher & Harris LLP as co-counsel; Craig Sico delivered the closing argument that asked jurors to decide how loudly their voice would be heard.
An Oakland County jury awarded $896.5 million to a young boy who was struck by a prototype test car during a student field trip at a Continental test track, reported as the largest verdict in Michigan history. The award is pre-appeal: post-trial motions are pending, Continental never made a settlement offer, and the amount could still be reduced.
A Bexar County jury awarded roughly $831 million to Blas Mendez Jr., a longtime Seguin ISD special education behavior specialist left partially paralyzed after his motorcycle hit wreckage left in the road by an 18-year-old drunk driver who had been served at Koozies Icehouse & Grill in New Braunfels. Todd A. Hunter of Hunter Trial Law tried the dram shop case with E. Chevo Pastrano and Ginna G. Pastrano of The Pastrano Law Firm. The award was reported as the largest verdict ever returned by a San Antonio jury, and the bar had already closed by the time it came in, so the family is not expected to collect most, if any, of it.
A Harris County jury awarded Mary Johnson $557 million against Union Pacific for a 2016 Houston train strike that cost her a leg, several fingers, and left her with a brain injury, a figure the trial court later cut and an appeals court reversed for a new trial.