Insurance Defense and UM/UIM
Insurance disputes are always high-stakes. When liability claims threaten your bottom line, you need a defense team that understands the terrain and has the experience and determination to fight for your interests.
That’s exactly what JPM Law delivers.
First and Third-Party Insurance Defense Services
Our insurance defense practice handles the full spectrum of first- and third-party claims, including those involving:
- Automobile Collision Defense: From fender-benders to catastrophic multi-vehicle accidents, we build rigorous defenses for insurers and their policyholders.
- Premises Liability Defense: Slip-and-fall claims and landowner liability disputes require more than a working knowledge of Oklahoma tort law. We investigate aggressively, challenge causation, and protect your interests from first notice of loss through trial.
- Product Liability Defense: Product liability claims carry serious financial and reputational risk. We defend manufacturers, distributors, and insurers against even the most complex product defect allegations.
- Coverage Disputes: When coverage positions are challenged, a single misstep can set a costly precedent and expose your organization to significant liability. We advise insurers on coverage positions, pursue declaratory judgment actions, and provide the strategic counsel needed to protect your business.
- Bad Faith Defense: Bad faith allegations are among the most serious claims an insurer can face. Our attorneys have the courtroom depth to mount vigorous defenses against even the most aggressive bad faith claims.
- Arbitration and Mediation: With decades of combined litigation experience, our attorneys know their way around a courtroom. But we recognize that a trial is not always the most effective path to resolution. As skilled negotiators and seasoned ADR practitioners, our team also represents clients at mediation and arbitration when it’s the right call.
UM/UIM Disputes
Oklahoma has one of the highest rates of uninsured drivers in the country. The anti-stacking provisions enacted in 2014 remain fertile ground for coverage disputes, while the state’s classification of underinsured coverage within the UM statute raises complex questions of coverage, limits, and subrogation rights that leave little room for error.
JPM Law defends insurers across a wide range of UM/UIM disputes involving:
- Coverage Analysis and Claim Evaluation: We assess UM/UIM claims against the policy’s terms and requirements of Oklahoma’s UM statute, identify coverage defenses early, and advise on reservation-of-rights obligations.
- Stacking and Limits Disputes: We advise insurers on the application of Oklahoma’s anti-stacking provisions and defend against claims seeking to aggregate coverage across multiple vehicles or policies.
- Subrogation: When a UM/UIM insurer makes payment, it acquires subrogation rights against the tortfeasor’s insurer. We aggressively pursue and protect those rights.
- Arbitration and Litigation: We represent insurers in UM/UIM arbitrations and in litigation when disputes cannot be resolved short of trial.
- Bad Faith Defense in UM/UIM Claims: We advise insurers on best practices and defend bad faith claims arising from UM/UIM disputes.
Why JPM Law for Insurance Defense and UM/UIM Disputes?
Our attorneys hail from diverse backgrounds and bring an equally diverse array of skill sets to every matter they handle. They have been consistently recognized by their peers for their legal ability and high ethical standards.
Decades of Oklahoma Litigation Experience: We have extensive experience litigating in Oklahoma state and federal courts. The relationships we have built and the procedural knowledge we have developed inform our approach to every case we take on.
A Bespoke Approach: We develop creative and cost-effective solutions that align with the nuances unique to every case — whether at the negotiating table, through ADR, or in the courtroom.
Dedicated Representation: We represent insurers, self-insured corporations, and individual policyholders with the same level of commitment and attention, keeping clients fully informed and involved at every stage.
Proven Track Record: Our results speak for themselves. We help clients reduce their financial exposure through aggressive advocacy and a strategic approach to litigation.
Regulatory Compliance Counsel: Beyond active litigation, we advise clients on best practices that limit long-term exposure and keep them aligned with Oklahoma insurance regulations.
Connect with Our Team
Insurance defense demands deep knowledge of Oklahoma law, proactive case management, and attorneys who know how to navigate even the most complex litigation. Whether you have an active claim or are looking to strengthen your defense strategy, the attorneys of JPM Law are ready to talk.
Insurance Defense & UM/UIM Disputes: Frequently Asked Questions
How does Oklahoma’s UM/UIM statute differ from other states?
Oklahoma treats uninsured and underinsured motorist coverage as a single coverage type under 36 O.S. §3636, rather than as two separate coverages. Insurers are required to offer UM/UIM coverage on every auto policy at limits equal to the policyholder’s bodily injury liability coverage, though policyholders may reject it or select lower limits in writing. For policies issued or renewed after November 1, 2014, stacking of UM/UIM limits across multiple vehicles or policies is prohibited unless the carrier expressly provides for it — a significant change from prior Oklahoma law that continues to generate coverage disputes.
Can an insurer defend a claim and contest coverage at the same time?
Yes, but it requires careful handling. An insurer can defend under a reservation of rights while simultaneously pursuing a declaratory judgment action to resolve the coverage question. This creates a potential conflict of interest that Oklahoma courts take seriously. If that conflict is significant enough, the insured may be entitled to select their own counsel at the insurer’s expense.
What happens if an insurer refuses to defend a claim it was obligated to defend?
An insurer that wrongfully refuses to defend does so at its own peril. Under Oklahoma law, they can be bound by any reasonable settlement the insured enters into in good faith. By the same token, if the case proceeds to trial and the resulting verdict exceeds policy limits, the insurer can be held liable for the full amount of the excess judgment.
