Cleghorn v. Maples

Supreme Court of Oklahoma

Cleghorn v. Maples

1994 OK 7, 867 P.2d 1272, 65 O.B.A.J. 300, 1994 Okla. LEXIS 10, 1994 WL 19558

CourtSupreme Court of Oklahoma

DecidedJanuary 18, 1994

DocketNo. 82681

StatusPublished

Cited by3 cases

This text of 1994 OK 7 (Cleghorn v. Maples) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cleghorn v. Maples, 1994 OK 7, 867 P.2d 1272, 65 O.B.A.J. 300, 1994 Okla. LEXIS 10, 1994 WL 19558 (Okla. 1994).

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Opinion

ORDER

HODGES, Chief Justice.

The petition for writ of certiorari to review a certified interlocutory order is hereby re[1273]*1273cast as an application to assume original jurisdiction for the issuance of a petition for writ of prohibition. Original jurisdiction is assumed and a writ of prohibition is issued. The trial judge is prohibited from enforcing his order of November 4, 1993, bifurcating the trial of petitioner’s cause. Petitioner is entitled to proceed directly against his uninsured motorist insurance carrier and need not first obtain a recovery against the alleged tortfeasor. Keel v. M.F.A Insurance Company, 553 P.2d 153 (Okl.1976), Uptegraft v. Home Insurance Company, 662 P.2d 681 (Okl.1983), Buzzard v. Farmers Insurance Company, Inc., 824 P.2d 1105 (Okl.1991), and Buzzard v. McDanel, 736 P.2d 157 (Okl.1987).

LAVENDER, V.C.J., and HARGRAVE, OPALA, ALMA WILSON, KAUGER, SUMMERS and WATT, JJ., concur.

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ORDER

HODGES, Chief Justice.

The petition for writ of certiorari to review a certified interlocutory order is hereby re[1273]*1273cast as an application to assume original jurisdiction for the issuance of a petition for writ of prohibition. Original jurisdiction is assumed and a writ of prohibition is issued. The trial judge is prohibited from enforcing his order of November 4, 1993, bifurcating the trial of petitioner’s cause. Petitioner is entitled to proceed directly against his uninsured motorist insurance carrier and need not first obtain a recovery against the alleged tortfeasor. Keel v. M.F.A Insurance Company, 553 P.2d 153 (Okl.1976), Uptegraft v. Home Insurance Company, 662 P.2d 681 (Okl.1983), Buzzard v. Farmers Insurance Company, Inc., 824 P.2d 1105 (Okl.1991), and Buzzard v. McDanel, 736 P.2d 157 (Okl.1987).

LAVENDER, V.C.J., and HARGRAVE, OPALA, ALMA WILSON, KAUGER, SUMMERS and WATT, JJ., concur.

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Bluebook (online)

1994 OK 7, 867 P.2d 1272, 65 O.B.A.J. 300, 1994 Okla. LEXIS 10, 1994 WL 19558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cleghorn-v-maples-okla-1994.

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