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THURSTON v. STATE FARM MUT. AUTO. INS. CO.

No. 118,636.

478 P.3d 415 (2020)

2020 OK 105

Eric M. THURSTON, Plaintiff/Petitioner, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Yearout Insurance Agency, Inc., and Janis Yearout, Individually, Defendants/Respondents.

Supreme Court of Oklahoma.

Filed December 8, 2020.

Attorney(s) appearing for the Case

Derek S. Franseen , Walsh & Franseen, Edmond, OK, and Monty Cain and Anthony M. Alfonzo , Cain Law Office, Oklahoma City, OK, for Plaintiff/Petitioner, Eric M. Thurston.

Joseph T. Acquaviva, Jr. , Wilson, Cain & Acquaviva, Oklahoma City, OK, and Galen L. Brittingham , Atkinson, Haskins, Nellis, Brittingham, Gladd & Fiasco, Tulsa, OK, for Defendant/Respondent, State Farm Mutual Automobile Insurance Company.

Rex Travis , Travis Law Office, and James A. Scimeca , Burch, George & Germany, P.C., Oklahoma City, OK, for Amicus Curiae, Oklahoma Association for Justice.

Brad Smith and Michelle B. Harris , Steidley & Neal, P.L.L.C., Tulsa, OK, for Amici Curiae, Oklahoma Association of Defense Counsel, the American Property Casualty Insurance Association, and the National Association of Mutual Insurance Companies.

OPINION

¶1 In January 2020, the Oklahoma County District Court granted summary adjudication in favor of State Farm Mutual Automobile Insurance Co. (State Farm), Defendant. The question before this Court is whether State Farm expressly provided for stacking of uninsured motorist policies, pursuant to 36 O.S. Supp. 2014...

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