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ASSOCIATED INDEMNITY CORPORATION v. CANNON

No. 48215.

536 P.2d 920 (1975)

ASSOCIATED INDEMNITY CORPORATION, Petitioner, v. Joe CANNON, Associate District Judge of the Seventh Judicial District of the State of Oklahoma, Respondent.

Supreme Court of Oklahoma.

June 10, 1975.

Attorney(s) appearing for the Case

Watts, Looney, Nichols, Johnson & Hayes by G. Kent Fleming, Oklahoma City, for petitioner.

Travis & Durbin by Rex K. Travis and Gerald E. Durbin, II, Oklahoma City, for respondent.

BARNES, Justice:

Here we are concerned with the question: Can an insured sue his insurer directly without first suing the uninsured motorist tort-feasor where the identity of the uninsured motorist is known and he is subject to process?

Title 36 O.S. § 3636 contains the requirement for compulsory uninsured motorist coverage in Oklahoma. The part of that statute pertinent to this case is (B), paragraph two:

"The uninsured motorist coverage shall...

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