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SILVER v. SLUSHER

No. 64879.

770 P.2d 878 (1988)

Randall SILVER and Mikala Silver, individually, parents, and next of kin of Michael R. Silver, deceased, minor child, Plaintiffs-Appellants, v. Christine Annette SLUSHER, a/k/a Christine Annette Stingley, Ken Becknell, individually and d/b/a Cowboy Country, Ricky B. Henderson, Defendants, and Farmers & Merchants Insurance Co., Defendant-Appellee.

Supreme Court of Oklahoma.

As Corrected May 13, 1988.

As Corrected on Denial of Rehearing February 28, 1989.

Attorney(s) appearing for the Case

Clifton D. Naifeh, Naifeh & Woska, P.C., Oklahoma City, for plaintiffs-appellants, Randall Silver and Mikala Silver.

Jim W. Lee, Barry R. Davis, Lee, Beuch and Davis, Oklahoma City, for defendant-appellee, Farmers & Merchants Ins. Co.

OPALA, Justice.

The dispositive issue is whether the terms of 36 O.S. 1981 § 36361 impose an affirmative duty upon insurers to provide an explanation of uninsured motorist coverage [UMC] to the named insureds as an indispensable precondition for a statutorily effective rejection. We answer in the negative.

Randall and Mikala Silver [insureds or the Silvers] were named insureds of...

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