FREY v. INDEPENDENCE FIRE AND CAS. CO.

No. 59091.

698 P.2d 17 (1985)

Carl Phillip FREY, III, Gayla D. Frey; and Traci Frey, a minor, By and Through her father and next friend, Carl Phillip Frey, III, Appellants, v. The INDEPENDENCE FIRE AND CASUALTY COMPANY, an Oklahoma Insurance Corporation, Appellee.

Supreme Court of Oklahoma.

As Corrected April 2, 1985.


Attorney(s) appearing for the Case

Jim W. Lee, Lee, Beuch & Davis, Oklahoma City, for appellants.

Rex K. Travis, Oklahoma City, for appellee.


OPALA, Justice.

Certiorari presents two questions: (1) Did the insured timely raise the issue whether the insurer, because of its denial of the insured's claims, was precluded, by waiver or estoppel, from relying on the insured's breach of the so-called trust agreement clause of his uninsured motorist coverage? and (2) Did the insured's "covenant not to sue", given the tortfeasor before suit was brought under the uninsured...

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