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PROGRESSIVE DIRECT INSURANCE CO. v. POPE

No. 119,309.

507 P.3d 688 (2022)

2022 OK 4

PROGRESSIVE DIRECT INSURANCE COMPANY, Plaintiff/Appellee, v. Ikia POPE, Defendant/Appellee, and Brandi Powell, Defendant/Appellant, v. Ikia Pope, Cross Claim Defendant/Appellee.

Supreme Court of Oklahoma.

FILED January 11, 2022.

Attorney(s) appearing for the Case

Donald E. Smolen, II , Smolen Law, PLLC, Tulsa, Oklahoma, for Defendant/Cross-Claim Plaintiff/Appellant.

Brad L. Roberson and Dawn M. Goeres , Roberson, Kolker, Cooper & Goeres, PC, Edmond, Oklahoma, for Plaintiff/Appellee.

Brian L. Carter , Latham, Steele, Lehman, Keele, Ratliff, Frieje & Carter, Tulsa, Oklahoma, for Defendant/Appellee.

¶1 The controversy in the District Court centered on whether the insurer's policy excluded statutory treble damages pursuant to 47 O.S.2011, § 10-103 because of an exclusionary clause for punitive damages in the policy. The trial court stated the treble damages were punitive in nature and excluded by the policy. We agree...

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