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BURCH v. ALLSTATE INS. CO.

No. 88,546.

977 P.2d 1057 (1998)

1998 OK 129

Linda J. BURCH, Plaintiff-Appellant, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee.

Supreme Court of Oklahoma.

Dissenting Opinion Corrected January 5, 1999.

Rehearing Denied May 19, 1999.

Attorney(s) appearing for the Case

Tye H. Smith, Oklahoma City, Oklahoma, and Sidney A. Martin II, Tulsa, Oklahoma, Carr & Carr, for appellant.

George D. Davis, McKinney, Stringer & Webster, P.C., Oklahoma City, Oklahoma, for appellee.

Rex K. Travis, Oklahoma City, and Renee Williams, Tulsa, for Oklahoma Trial Lawyers Association, amicus curiae.

OPALA, J.

¶ 1 The United States Court of Appeals for the Tenth Circuit ("certifying court") certified the following question pursuant to the Uniform Certification of Questions of Law Act, 20 O.S.1991 §§ 1601 et seq.1:

"When an insured's damages in an automobile accident exceed a tortfeasor's liability limits and the insured seeks payment for damages directly from its underinsured...

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