EQUITY MUT. INS. v. SPRING VALLEY WHOLE. NURSERY

No. 66443.

747 P.2d 947 (1987)

EQUITY MUTUAL INSURANCE COMPANY, a foreign corporation, Plaintiff, v. SPRING VALLEY WHOLESALE NURSERY, INC., an Oklahoma corporation; State Department of Highways and Transportation, a commission created by the State of Texas; the Estate of Hank Evens, through the administrator William A. Nobels; and Sue Evens a/k/a Sue Makin, widow of Hank Evens, deceased; and Oklahoma Kansas and Texas Railroad, Defendants, National Indemnity Company, a foreign corporation, Intervenor and Cross-Petitioner.

Supreme Court of Oklahoma.

December 8, 1987.


Attorney(s) appearing for the Case

Richard D. Gibbon, Oliver W. Arbogast, Jr., Messrs. Gibbon, Gladd & Associates, Tulsa, for plaintiff.

Harry A. Parrish, Steve Wilkerson, Richard D. Wagner, Messrs. Knight, Wagner, Stuart, Wilkerson & Lieber, Tulsa, for defendant Spring Valley Wholesale Nursery, Inc.

A. Camp Bonds, Jr., Messrs. Bonds, Matthews, Bonds & Hayes, Muskogee, for defendant Oklahoma Kansas and Texas R.R.

Steven E. Holden, Melvin C. Weiman, Ray H. Wilburn, Messrs. Wilburn, Masterson & Holden, Tulsa, for intervenor and cross-petitioner Nat. Indem. Co.

Jim Mattox, Atty. Gen. of Texas, Austin, Tex., for defendant State of Texas.


OPALA, Justice.

The United States District Court for the Northern District of Oklahoma certified for this court's answer, pursuant to the Uniform Certification of Questions of Law Act, 10 O.S. 1981 §§ 1601-1612, three questions of law:

1. Is it in violation of public policy in Oklahoma for the insurer and insured to agree that liability insurance coverage of a commercial vehicle does not apply beyond a 200...

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