CHANDLER v. VALENTINE

No. 108,614.

330 P.3d 1209 (2014)

2014 OK 61

Tracey CHANDLER, Personal Representative of the Estate of David Wurtz, deceased, Plaintiff/Appellee, v. Mark W. VALENTINE, MD and Idabel Surgical Clinic, a professional corporation, Defendants, and Physicians Liability Insurance Company, Garnishee/Appellant.

Supreme Court of Oklahoma.

As Corrected July 3, 2014.


Attorney(s) appearing for the Case

Glendell Nix , Nix Law Group, PLLC, Edmond, Oklahoma and Jeremy Thurman , Oklahoma City, for Plaintiff/Appellee.

Barry K. Roberts , Norman, Oklahoma, for Plaintiff/Appellee.

Robert N. Naifeh, Jr. , Sarah Lee Gossett Parrish , Derryberry & Naifeh, LLP, Oklahoma City, for Garnishee/Appellant.


COLBERT, C.J.

¶ 1 The issue in this matter is whether an insurer may agree to cancel a "claims made" policy with the knowledge that a potential claim is pending without violating the statutory prohibition on retroactive annulment of an insurance policy following the injury, death, or damage for which the insured may be liable. See Okla. Stat. tit. 36, § 3625 (2011). This Court holds that it may not and affirms the holding of the trial court.

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