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Vehicle Qualifies as Uninsured if Exclusivity Prevents Worker From Recovery

Thursday, May 16, 2024 | 0

The Oklahoma Supreme Court ruled that if a worker is injured as a passenger in an employer-owned vehicle, and workers’ compensation exclusivity precludes a recovery under the automobile liability policy, the vehicle qualifies as uninsured. On March 24, 2020, Michael Brian Smith was killed in a single-car accident as a passenger in a company vehicle owned by the Fixtures & Drywall Co. of Oklahoma. Smith’s co-worker, Duane Clark, was driving. FADCO maintained two policies with Federated Mutal Insurance Co. One provided coverage for all sums FADCO “must pay as damages...

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