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EQUITY INS. CO. v. ST. CLAIR

No. 105,261.

196 P.3d 981 (2008)

2008 OK 79

EQUITY INSURANCE COMPANY, Plaintiff/Appellee v. Jesse ST. CLAIR; Deborah St. Clair; David Steelman; and the Estate of Floyd Steelman, Deceased, Defendants/Co-Appellants.

Supreme Court of Oklahoma.

September 16, 2008.

Attorney(s) appearing for the Case

Robert W. Hayden and Anthony W. Speck, Oklahoma City, for Plaintiff/Appellee.

Karen Keith, Richard A. Pizzo, Tulsa, OK, for Defendants/Co-Appellants.1

OPALA, J.

¶ 1 Two questions are posed in this controversy for our review: (1) Is Equity Insurance Company's policy provision that deals with cancellation for nonpayment of a premium ambiguous? If so, did defendant tender proof that would raise a question of fact as to when notice of the policy's cancellation must be submitted to the insured? (2) Do the terms of the Oklahoma Consumer Credit Protection Code, 14A O.S.2001 § 4-304,2

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