UPTEGRAFT v. HOME INS. CO.

No. 59699.

662 P.2d 681 (1983)

Ronald L. UPTEGRAFT, Jr., Plaintiff, v. The HOME INSURANCE COMPANY, a foreign insurance corporation and Oklahoma Farm Bureau Mutual Insurance Company, a domestic insurance company, Defendants.

Supreme Court of Oklahoma.

As Corrected April 20, 1983.


Attorney(s) appearing for the Case

Clifton D. Naifeh, Miller & Naifeh, Norman, Randall A. Breshears, Monnet, Hayes, Bullis, Thompson & Edwards, Oklahoma City, for plaintiff.

Edwin F. Garrison, Looney, Nichols, Johnson & Hayes, Oklahoma City, for defendant, Home Ins. Co.

Earl D. Mills, Reggie N. Whitten, Robert B. Mills, Foliart, Mills & Niemeyer, Oklahoma City, for defendant, Oklahoma Farm Bureau Mut. Ins. Co.


OPALA, Justice:

Certified to us under the Uniform Certification of Questions of Law Act, 20 O.S. 1981 § 1601 et seq., is the following first-impression question:

"Does an injured person, by failing to commence an action against an uninsured motorist tortfeasor within the time established by 12 Okla. Stat. 1981 § 95 Third, thereby discharge the injured person's insurer from liability upon its uninsured motorist...

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