GATES v. ELLER

No. 94,123.

22 P.3d 1215 (2001)

2001 OK 38

Edith Victoria GATES and Sherry I. Gates, Appellants, Edith Victoria Gates, as mother and next friend of Kasey Gates, a minor, Plaintiff, v. Christa Dian ELLER, Defendant, Prudential Property and Casualty Insurance Company, Appellee.

Supreme Court of Oklahoma.

April 24, 2001.


Attorney(s) appearing for the Case

Robert C. Smith, Jr., Michael S. Peters, Oklahoma City, OK, for appellants.

Gerald E. Durbin, II, Frances J. Stanton, Oklahoma City, OK, for appellee.


BOUDREAU, Justice:

¶ 1 This is an appeal from an order granting summary judgment in favor of the uninsured motorist insurer. The dispositive question is: Did the motor vehicle operated by the tortfeasor, for which there was an effective automobile liability insurance policy in an amount greater than the damages claimed, become an uninsured motor vehicle under 36 O.S.Supp.1994, § 3636 when the plaintiffs did not...

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