American Econ. Ins. Co. v. Bogdahn – Case Brief Summary (Oklahoma)

In American Econ. Ins. Co. v. Bogdahn, 2004 OK 9, 89 P.3d 1051, the insurance company brought an action in Federal court to declare its non-liability under a UM provision of a commercial automobile policy issued to a closely-held company.

The insurer denied the claim for UM benefits asserted by the company's sole shareholder on behalf of his minor son who was injured while riding a friend's uninsured all-terrain vehicle. The claim was denied on the basis that the minor child was not an insured under the UM provision. The question of the insurer's liability was certified to the Oklahoma Supreme Court.

The Supreme Court rejected the argument that the names of the many employees of a given company had to be substituted for the named insured entity and held the minor son of the owner of the insured entity was not an insured for purposes of UM coverage under the entity's policy.