Andres v. Oklahoma Farm Bureau Mut. Ins. Co

In Andres v. Oklahoma Farm Bureau Mut. Ins. Co., 2009 OK CIV APP 97, 227 P.3d 1102, the Court affirmed in part and reversed in part. The Court noted that the trial court had refused Plaintiff's request for additional discovery prior to entering its judgment, which was based on the exclusion language of the homeowner's policy alone. The Court held that, although OFB had a reasonable basis for denying coverage and therefore was not liable for bad faith, Plaintiff's claim was in fact covered under OFB's policy. Thus, the Court held Plaintiff was entitled to judgment on her breach of contract claim as a matter of law. The Court remanded with directions to the trial court to enter judgment in Plaintiff's favor on the latter claim, and to "set the matter for trial on the issues of damages, attorney fees, and costs." Id. OFB sought certiorari, which was denied.