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View Full Version : Query for OK lawyers. Seriously.



TUSooner
2/4/2009, 03:20 PM
Miss Z (girlfriend of a relative of mine) was driving her car on an errand in the service Employer, a property management and real estate company in the OKC area (or maybe Norman, whatever). She totaled her car in the ice storm. No personal injuries.

Miss Z (through my relative) wants to know about covereage issues, such as:
whether Miss Z's insurer might try to deny coverage based on her using the car for work and whether Employer might be liable and whether Employer's insurance might cover her. All I was able to say is that "it depends on the policies of Mass Z and Employer and whatever Oklahoma insurance law might require, and I don't know nothin' about neither."

Any of y'all want to point out possible issues, pertinent law, stuff you know from experience, et cetera? You can PEEM me if you might be interested in advising Miss Z (and, no, I don't know if she's hawt :rolleyes: ) .

Thanks in advance for what is sure to be a wealth of useful information. ;)

olevetonahill
2/4/2009, 03:23 PM
Miss Z (girlfriend of a relative of mine) was driving her car on an errand in the service Employer, a property management and real estate company in the OKC area (or maybe Norman, whatever). She totaled her car in the ice storm. No personal injuries.

Miss Z (through my relative) wants to know about covereage issues, such as:
whether Miss Z's insurer might try to deny coverage based on her using the car for work and whether Employer might be liable and whether Employer's insurance might cover her. All I was able to say is that "it depends on the policies of Mass Z and Employer and whatever Oklahoma insurance law might require, and I don't know nothin' about neither."

Any of y'all want to point out possible issues, pertinent law, stuff you know from experience, et cetera? You can PEEM me if you might be interested in advising Miss Z (and, no, I don't know if she's hawt :rolleyes: ) .

Thanks in advance for what is sure to be a wealth of useful information. ;)

Was she a salaried employ or Commission?

TUSooner
2/4/2009, 03:30 PM
Was she a salaried employ or Commission?

I don't know, Counselor ;) But I think its safe to assume that she was salaried or paid by the hour and not an independent contractor or something like that.

BTW - I expect to be in OK next weekend (13-16 Feb) and I may need to drive out to the olevet juice farm and get properly initiated.

olevetonahill
2/4/2009, 03:38 PM
I don't know, Counselor ;) But I think its safe to assume that she was salaried or paid by the hour and not an independent contractor or something like that.

BTW - I expect to be in OK next weekend (13-16 Feb) and I may need to drive out to the olevet juice farm and get properly initiated.

Yer always welcome bro .
Its been a Lot of years since I had My real estate company . but I think If employees are reimbursed mileage, they have to provide their own ins.
Not a lot of help But I just wanted to post in yer thread :P

TUSooner
2/4/2009, 03:52 PM
Yer always welcome bro .
Its been a Lot of years since I had My real estate company . but I think If employees are reimbursed mileage, they have to provide their own ins.
Not a lot of help But I just wanted to post in yer thread :P

I'm honored that you did so. :P The indy contractor / mileage angle is one I didn't even consider. :O

olevetonahill
2/4/2009, 05:50 PM
I think that needs to be answered before the Real legal eagles
can be of much help tho

Okla-homey
2/4/2009, 08:23 PM
Its a property claim under her policy. She should file it with her insurance company. They'll pay it. Think about it bro, if they didn't pay property claims by insureds who were out running job-related errands, who the heck would ever agree to drive their own car on such missions?

After performing under the policy and paying her benefits, if her insurance company feels they have a right of subrogation against her employer under the circumstances, which I doubt, that's their kettle of fish to boil.

If they don't pay, then find any lawyer that does P.I. work. That would have the makings of a lip-smacking good insurance bad faith lawsuit, in which punitive damages are available against the recalcitrant insurance company in the Sooner State.

Simple enough?

And, for the record, I work with these types of issues in my practice every working day, right here in Oklahoma. ;)

TUSooner
2/4/2009, 08:38 PM
Its a property claim under her policy. She should file it with her insurance company. They'll pay it. Think about it bro, if they didn't pay property claims by insureds who were out running job-related errands, who the heck would ever agree to drive their own car on such missions?

After performing under the policy and paying her benefits, if her insurance company feels they have a right of subrogation against her employer under the circumstances, which I doubt, that's their kettle of fish to boil.

If they don't pay, then find any lawyer that does P.I. work. That would have the makings of a lip-smacking good insurance bad faith lawsuit, in which punitive damages are available against the recalcitrant insurance company in the Sooner State.

Simple enough?

And, for the record, I work with these types of issues in my practice every working day, right here in Oklahoma. ;)

Now that is called an "answer," ladies and gents. Thank ye.

I used to deliver mail out of my car sometimes, and USPS had a real lawyered-up drive-out agreement chock full of waivers as I recall.