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COSPER v. FARMERS INS. CO.

No. 111349. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

309 P.3d 147 (2013)

2013 OK CIV APP 78

David and Donna COSPER, Plaintiffs/Appellants, v. FARMERS INSURANCE COMPANY, and Junior A. Ott, Defendants/Appellees.

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

July 5, 2013.

Attorney(s) appearing for the Case

Jo L. Slama , Steven R. Davis , Jeff D. Marr , Slama Legal Group, Oklahoma City, Oklahoma, for Plaintiffs/Appellants.

Matthew C. Kane , Ryan Whaley Coldiron Shandy, P.L.L.C., Oklahoma City, Oklahoma, and William J. Cobb, III , Thomas T. Rogers , Austin, Texas, for Defendants/Appellees.

BRIAN JACK GOREE, Judge.

¶ 1 David and Donna Cosper sued their insurance agent and insurance company for issuing a homeowners' policy with a replacement value that exceeded the property's actual cash value causing them to pay higher premiums. The exclusive remedy for the alleged cause of action is 36 O.S.2011 § 4804. The trial court correctly dismissed the case because the facts alleged in the petition show the conditions for relief under the statute have...

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