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RODRIGUEZ v. GUTIERREZ-PEREZ

No. 108,952. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

273 P.3d 69 (2011)

2012 OK CIV APP 14

Noehmi RODRIGUEZ and Jesus Muniz, Plaintiffs/Appellees, v. Maria GUTIERREZ-PEREZ, Defendant, and Equity Insurance Company, Garnishee/Appellant.

Court of Civil Appeals of Oklahoma, Division No. 3.

Rehearing Denied August 16, 2012.

Certiorari Denied November 7, 2012.

Attorney(s) appearing for the Case

David K. Petty , Guymon, Oklahoma, for Plaintiffs/Appellees.

David B. Donchin , R. Ryan Deligans , Durbin, Larimore & Bialick, Oklahoma City, Oklahoma, for Garnishee/Appellant.

KENNETH L. BUETTNER, Judge.

¶ 1 Garnishee/Appellant Equity Insurance Company appeals from judgment entered in favor of Plaintiffs/Appellees Noehmi Rodriguez and Jesus Muniz (collectively, Appellees) who sought to garnish payment of insurance benefits after a vehicle collision. Equity sought to avoid garnishment based on the named driver exclusion in the policy, but Appellees responded that the named exclusion was void as against public policy, at least up to...

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