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Lewis v. State Farm8/25/1992
underinsured motorist coverage as well. See 36 O.S. _ 3636 and Heavner v. Farmers Insurance Company, 663 P.2d 730 (Okl. 1983). These public policies of Oklahoma have been applied by Oklahoma Courts to foreign insurance policies, where coverage is extended in this State, and where enforcement of the insurance contract is sought in this State. Certain provisions of out-of-state policies have been held to be void and unenforceable in Oklahoma, where the provisions were contrary to Oklahoma's law and public policies. See for example: Bohannan v. All State Insurance Company, 62 O.B.J. No. 28 page 2093 (Okl. - decided July 2, 1991); see also Pate, Infra [Supra.]
Turning to the exclusionary language of Endorsement 6885Y in this case, the Court notes that in 1985 the Oklahoma Supreme Court interpreted an almost identical U.M. exclusion of Defendant State Farm from a policy issued in Oklahoma. See State Farm Mutual Automobile Company v. Wendt, 708 P.2d 581 (Okl. 1985). In Wendt, the U.M. exclusionary clause stated that:
". . . the term uninsured motor vehicle shall not include:
(i) a vehicle defined herein as an insured motor vehicle." Id. at 584.
Interpreting this provision in light of Oklahoma law and public policy, our Supreme Court held that:
"Coverage in each case stems not from owning an automobile, but from falling within the definition of an insured under any given insurance contract. Any attempt to tie uninsured motorist coverage to automobiles alone, rather than to people, must fail." Id. at 585. ". . . policy provisions excluding . . . insured motor vehicle from uninsured motorist coverage conflicts with 36 O.S. 1981 _ 3636 and are thus void . . ." Id. at 581.
Based upon the undisputed facts of this case, the Court finds that the Plaintiffs were residents of Oklahoma at the time of the accident, that the Parker policy extended coverage to the Plaintiffs in Oklahoma, that the status of Plaintiffs (as passengers in the insured vehicle) at the time of the accident was that of "insureds" according to the policy's own definition of insured, that Plaintiffs were involved in a one-vehicle accident due to the negligence of the driver of the insured vehicle, that the accident occurred in Oklahoma, that Plaintiffs' claims exceed the total amount of liability insurance coverage available, and that the parties seek to enforce the provisions of underinsured motor vehicle Endorsement 6885Y of the insurance contract in this Oklahoma Court. The Court further finds that the only provision of Endorsement 6885Y relied upon by Defendant (cited above), which denies U.M. coverage to Plaintiffs, violates the public policy of Oklahoma as discussed above and is thus void and unenforceable in this Court.
As such, in the absence of said exclusionary language of Endorsement 6885Y, and with no other issues of fact or law to be decided, the Court finds that, as a matter of law, Plaintiffs are entitled to U.M. benefits under Endorsement 6885Y of the Parker policy. Accordingly, the Motion For Summary Judgment filed by Defendant is denied, the Motion For Summary Judgment filed by Plaintiff is granted, and Judgment is hereby rendered for the Plaintiffs.
IT IS SO ORDERED!______DATE
/s/John A. BensonJUDGE JOHN A. BENSONASSOCIATED DISTRICTJUDGEFOR McCURTAIN COUNTYAPPROVED AS TO FORM:
_______________WILLARD L. DRIESEL, JR.ATTORNEY FOR PLAINTIFF/s/Mike SmithMIKE SMITHATTORNEY FOR DEFENDANT
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