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PENTZ v. DAVIS

No. 74693.

927 P.2d 538 (1996)

Ray PENTZ, Appellant, v. Carey Mike DAVIS, Oklahoma Farm Bureau Mutual Insurance Company, Allstate Insurance Company and Church Mutual Insurance Company, Appellees.

Supreme Court of Oklahoma.

Rehearing Denied December 4, 1996.

Attorney(s) appearing for the Case

Darryl F. Roberts, Ardmore, for Appellant.

Robert B. Mills, Steve L. Lawson, Oklahoma City, for Appellee, Oklahoma Farm Bureau Insurance Company.

F. Lovell McMillin, S. Brent Bahner, Ardmore, for Appellee, Allstate Insurance Company.

John R. Denneny, Oklahoma City, for Appellee, Church Mutual Insurance Company.

ALMA WILSON, Chief Justice:

This appeal presents two questions. The first is a novel question of law: whether "other insurance" clauses in an uninsured/underinsured motorist (UM) policies may be used by insurers to escape UM liability. The second is a mixed question of law and fact: whether the district court erred in sustaining the demurrers to plaintiff's evidence. We answer the first question in the negative. We hold that...

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