MORELAW
Oklahoma Courts At A Glance
June, 1997

United States Automobile Association v. McCants, 1997 OK 73, 68 O.B.J. 2072 (OK, 06/14/97). Property and casualty insurer can state a cause of action against an insurer for fraud for damages sustained by the insurer resulting from the submission of a fraudulent loss claim.

Williams Natural Gas Company v. Perkins, 1997 OK 72, 68 O.B.J. 2080 (OK, 06/14/97). Before and after method of appraisal in partial taking comdemnation proceeding is no longer appropriate and 12 O.S. §1101 is not applicable to condemnation proceedings.

Zagal v. Truckstops Corporation of America, 1997 OK 75, 68 O.B.J. 2141 (OK, 06/21/97). The characteristics of an item as being observable, whether a glass bowl or a cardboard box, cannot, by itself, require that the item be declared, as a matter of law, an open and obvious danager and summary judgment is not appropriate.

Johnson v. Goodman, 1997 OK 77, 68 O.B.J. 2210 (OK, 06/28/97). Order striking plaintiff's petition did not terminate the action and the filing of another action within one year was not time barred.

Public Service Company of Oklahoma v. Willis, 1997 OK 78, 68 O.B.J. 2213 (OK, 06/28/97). Trial court must give property owner objecting to the taking of his property reason opportuity to discover information which might support objections to report of commissioners.

 

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