Case Results

For over 20 years, our firm has litigated and tried insurance cases that helped define and develop Oklahoma bad faith law. Handling exclusively bad faith cases, obviously, involves hundreds of cases over these decades. The list below is a few of those cases that are readily identifiable on a Westlaw search for the benefit of any referring lawyer that may be considering selecting our firm to co-counsel on your client’s insurance case. Please use these Westlaw citations to review our firm’s quality of work and briefing in these cases.

Our firm won one of Oklahoma’s first bad faith jury verdicts over a million dollars from a Pottawatomie County jury in 1995 – in the very first bad faith jury trial that partners Steve Mansell and Mark Engel tried together as a team. That Shawnee, Oklahoma woman was denied an $18,000 claim and had her automobile repossessed. See, Threatt. In a similar case, an Oklahoma City federal jury awarded $800,000.00 on a $10,000 insurance claim. See, Vining. In that case, the 10th Circuit Court of Appeals likened the evidence presented by our firm against the insurance company at trial to the fictitious insurance company in the award-winning movie "The Rainmaker". The Vining case and its published opinion is one of the most cited Oklahoma bad faith cases. The case addresses many issues from evidence discovery to legal standards in bad faith litigation. Our firm achieved the largest bad faith verdict in the history of Oklahoma in 1998 when a Oklahoma City federal jury awarded $10,250,000.00. An elderly lady had been denied $7,000 in long term care benefits and had to leave her nursing home. Our firm demonstrated at trial that the amendatory policy endorsement utilized to deny her claim had been sent to over 78,000 other long term care policyholders. Some of our litigation has caused insurance companies to reopen and pay thousands of denied insurance claims and to change their claims practices.

Our bad faith cases for policyholders range from health insurance claims to their homeowner’s claims. We enforce insurance policies whether it is credit insurance, cancer policies, long term care insurance, life insurance, disability insurance, commercial property insurance, commercial general liability insurance, etc. In some smaller claims, we won a $700,000 jury verdict on a $1,600 urology bill denial and a similar result at jury trial on a $2,000 vinyl siding claim. However, people’s businesses also pay premiums and we have won a number of million dollar settlements and jury awards on behalf of businesses against their insurance companies. In fact, we obtained a million dollar jury award on behalf of an insurance company president when his wife’s $18,000 health insurance claim was denied. He selected our firm based upon his experience when we had previously prosecuted a claim against his company. We have even represented insurance companies that were denied by their own insurance companies.

Firm member, Kenny Cole, researched and wrote the Amicus Curia brief on behalf of Oklahoma’s trial lawyers for the Oklahoma Supreme Court in the case that contains the Court’s most recent, comprehensive pronouncement of bad faith law in Oklahoma. See, Badillo. Our most recent verdict over a million dollars is still on appeal and the final opinion is not yet available for listing. That case involves a Guthrie business that had been sued by a former employee. The insurance company refused to defend the business and properly cover them under the company’s general liability insurance policy. Obviously, not all cases have a million dollar value, but our firm is dedicated to maximizing your recovery.

These cases contained in the Westlaw citations below are just examples of our firm’s work.

Moore v. Allstate Ins. Co.

- 1/17/2014

United States District Court, W.D. Oklahoma. 2014 WL 200777

Covington Specialty Ins. Co. v. Charles A. Shadid, L.L.C.

- 7/29/2013

United States District Court, W.D. Oklahoma. 2013 WL 3923764

Harris v. American Intern. Group, Inc.

- 2/11/2013

United States District Court, W.D. Oklahoma. 923 F.Supp.2d 1299

Sherwood Const. Co., Inc. v. American Home Assur. Co.

- 12/1/2011

United States District Court, W.D. Oklahoma. 2011 WL 6012605

Peralta v. Church Mut. Ins. Co.

- 6/16/2010

United States District Court, W.D. Oklahoma. 2010 WL 2471675

Howell v. National Union Fire Ins. Co. of Pittsburgh, P.A.

- 3/24/2010

United States District Court, W.D. Oklahoma. 2010 WL 1253490

Trinity Baptist Church v. GuideOne Elite Ins. Co.

- 8/28/2009

United States District Court, W.D. Oklahoma. 654 F.Supp.2d 1316 2009 WL 3004031, 2009 WL 2972502

Kirkes v. GuideOne Mut. Ins. Co.

- 2/17/2009

United States District Court, W.D. Oklahoma. 2009 WL 395254

Cook v. Medical Savings Ins. Co.

- 7/22/2008

WD OK 2006 WL 1663784 WD OK 2006 WL 1663783 WD OK 2006 WL 687126 03/17/06 United States Court of Appeals, Tenth Circuit. 287 Fed.Appx. 657

Absolute Senior Care, Inc. v. Western Heritage Ins. Co.

- 5/14/2008

United States District Court, W.D. Oklahoma. 2008 WL 2066288

Gutkowski v. Oklahoma Farmers Union Mut. Ins. Co.

- 11/15/2007

Court of Civil Appeals of Oklahoma, 176 P.3d 1232

Brown v. Farmers Ins. Co.

- 5/17/2007

2007 WL 1452994

Transcontinental Ins. Co. v. Lemons

- 4/24/2007

United States District Court, W.D. Oklahoma. 2007 WL 4856868, 2006 WL 1804229

Johnson ex rel. Johnson v. Forethought Life Ins. Co.

- 2/9/2006

United States District Court, W.D. Oklahoma. 2006 WL 314446

Badillo v. Mid Century Ins. Co.

- 6/21/2005

Supreme Court of Oklahoma. 121 P.3d 1080

Milburn v. Life Investors Ins. Co. of America

- 6/19/2005

United States Court of Appeals, Tenth Circuit. 511 F.3d 1285

Wathor v. Mutual Assur. Adm’rs, Inc.

- 1/20/2004

Supreme Court of Oklahoma. 87 P.3d 559

Markham v. National States Ins. Co.

- 1/8/2004

United States Court of Appeals, Tenth Circuit. 122 Fed.Appx. 392

Kelly v. Farmers Ins. Co., Inc.

- 9/12/2003

United States District Court, W.D. Oklahoma. 281 F.Supp.2d 1290

Walker v. Group Health Services, Inc.

- 1/16/2001

Supreme Court of Oklahoma. 37 P.3d 749

Davis v. GHS Health Maintenance Organization, Inc.

- 1/16/2001

Supreme Court of Oklahoma. 22 P.3d 1204

Bullard v. American Travelers Life Ins. Co.

- 12/8/1998

United States District Court, W.D. Oklahoma. 1998 WL 35274692

Vining on Behalf of Vining v. Enterprise Financial Group, Inc.

- 7/22/1998

United States Court of Appeals, Tenth Circuit.148 F.3d 1206

Threatt v. Enterprise Life Ins. Co.

- 10/15/1995

Court of Civil Appeals of Oklahoma, Division No. 2