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ROBERTSON v. U.S. FIDELITY & GUAR. CO.

No. 69279.

836 P.2d 1294 (1992)

Frederick L. ROBERTSON and Debra Robertson, Appellants, v. UNITED STATES FIDELITY & GUARANTY COMPANY and the Western Casualty & Surety Company, Appellees.

Supreme Court of Oklahoma.

Rehearing Denied September 15, 1992.

Attorney(s) appearing for the Case

Rex K. Travis, Oklahoma City, for appellants.

Donald R. Wilson, Oklahoma City, for appellee, U.S. Fidelity & Guar. Co.

Charles F. Alden, III, Oklahoma City, for appellee, Western Cas. & Sur. Co.

LAVENDER, Justice.

The question presented is whether an insurance company is estopped from asserting loss of subrogation as a defense when it fails to offer and obtain a written rejection of uninsured/underinsured insurance coverage (UM) from the insured. We answer affirmatively.

FACTS

Frederick Robertson (Appellant) was injured in an automobile accident with an underinsured motorist (Stabel) in September 1984. The Robertsons had insurance policies...

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