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KNIGHT EX REL. ELLIS v. MILLER

No. 103,460.

195 P.3d 372 (2008)

2008 OK 81

Robert David KNIGHT, by and through his guardian ad litem Carol Sue ELLIS, Plaintiff/Appellant, v. Johnny MILLER, Timeline Recovery, L.L.C., and Empire Fire and Marine Insurance Company, Defendants/Appellees.

Supreme Court of Oklahoma.

September 16, 2008.

Attorney(s) appearing for the Case

Patrick E. Carr, A. Laurie Koller, Carr & Carr, Tulsa, OK; Rex Travis, Paul D. Kouri, Oklahoma City, OK, for Plaintiff/Appellant.

Mark A. Smiling, Gerald M. Bender, Tulsa, OK, for Defendant/Appellee Timeline Recovery.

David S. Landers, Tulsa, OK, for Defendant/Appellee Johnny Miller.

Michael J. Masterson and David R. Smith, Tulsa, OK, for Defendant/Appellee Empire Fire & Marine Insurance Company.

EDMONDSON, V.C.J.

¶ 1 In 2004 the legislature deleted from our Declaratory Judgment Act, 12 O.S.2001 § 1651, a proscription of declarations of liability or nonliability for damages on account of alleged tortious injuries "concerning obligations alleged to arise under policies of insurance covering liability or indemnity against liability for such injuries." The question before us in this accelerated review is whether, under the revised statute, a plaintiff...

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