Oklahoma

No UM subrogation against excess carrier — Oklahoma

In Raymond v. Taylor, 2017 OK 80, the Oklahoma Supreme Court said the UM carrier could not subrogate against the tortfeasor’s excess policy. Raymond was killed while a passenger in a truck driven by Taylor, which was in an accident with a truck driven by Bedell.  Both Raymond and Taylor were employees of Guy’s Seed. …

Why You Should Hire Franden Farris to Form Your LLC

10 reasons to hire Franden | Farris | Quillin | Goodnight + Roberts to form your limited liability company (LLC): 1. Franden Farris has extensive experience forming all types of business entities; 2. Reasonable and competitive rates; 3. The firm completes your articles of organization, operating agreement, initial formation minutes, Oklahoma business registration packet, obtains …

Franden Farris Included in 2012 List of Super Lawyers

Eight Franden Farris lawyers are among Oklahoma’s Super Lawyers for 2012.  “Super Lawyers” in Oklahoma are nominated by their peers, evaluated by researchers who review online databases and legal publications, and information supplied by lawyers. Candidates are grouped according to their practice areas, and a point system is used to determine the winning lawyers. Joe Farris …

Setting up a Tax Exempt Nonprofit in Oklahoma

The government likes tax money. Consequently, setting up a tax-exempt nonprofit corporation takes significantly more time, effort, and paperwork than forming a for-profit business entity. The rewards that come from gaining tax-exempt status, however, are well worth the effort. Nonprofit corporations in Oklahoma provide assistance to the needy, educate our citizens, conduct important research, and …

Defamation of Private Individuals in Oklahoma

By Alex Sisemore An early decision by the Oklahoma Supreme Court announced, “A man’s good name and reputation is his most valuable personal and property right and one that no man may wrongfully injure or destroy without being held accountable for.”  Dusabek v. Martz, 249 P. 145, 147 (Okla. 1926).  Such a sentiment is the …

Oklahoma False Imprisonment & Shopkeeper’s Privilege

The essential elements of the tort of false imprisonment are (a) the detention of a person against his or her will and (b) the unlawfulness of the detention.  See Walters v. J.C. Penney Co., 82 P.3d 578, 583 (Okla. 2003).  At common law, a merchant who detained another on a reasonable but mistaken belief that …

Elements of a Claim Against a Manufacturer for Products Liability under Oklahoma Law

Per Oklahoma’s Uniform Jury Instruction No. 12.1 the elements of a claim for manufacturers’ products liability are: A party claiming damages under Manufacturers’ Products Liability has the burden of proving each of the following: 1. The Defendant manufactured, sold, or leased the product in question; 2. The Defendant was in the business of manufacturing, selling, or …

Overview of Title Insurance in Oklahoma

I.                   What is Title Insurance? A “title insurance policy” is any written instrument purporting to show the title to real or personal property or any interest therein or encumbrance thereon, or to furnish such information relative to real property, which written instrument in express terms purports to insure or guarantee such title or the correctness …

Encumbrances Affecting Real Property in Oklahoma

Oklahoma law provides that no insurer shall issue, permit or cause to be issued, either directly or by an agent, a binder, commitment or policy of title insurance until either the title insurance company or its authorized agent shall have obtained an opinion of title by an attorney licensed to practice law in the State …

Obtaining Title to Real Property in Oklahoma

In general, a “title” is the evidence of one’s ownership of land, the extent of his interest, and the means whereby the owner is enabled to assert or maintain his rights and possession.  In order to prove title, it became necessary for owners of real property to preserve each instrument affecting his real property.  In …