Opinion:Lane et al. vs. Progressive Northern Insurance Company, 2021 OK 40
Subject matter:Insurance
Date Decided:June 29, 2021
Trial Court:N/A
Route to this Court:Certified question from the U.S. Court of Appeals for the Tenth Circuit
Facts:The United States Court of Appeals for the Tenth Circuit certified to the Court the following question of law:
“Does Progressive’s UM Exclusion–which operates to deny uninsured motorist coverage to insureds who recover at least the statutorily mandated minimum in the form of liability coverage–contravene Oklahoma’s Uninsured Motorist Statute, codified at 36 O.S. § 3636?”
Standard of Review:
Analysis:Oklahoma requires insurers to supply uninsured-motorist coverage to those liability insurance customers that choose it. However, the sweeping UM Exclusion contained in the insurance policy at issue allows Progressive to entirely avoid providing the promised coverage. The Progressive policy contains the following exclusion from uninsured-motorist coverage: 
“Coverage under this Part III will not apply:
* * *6. to bodily injury sustained by an insured person where liability coverage for bodily injury in an amount equal to or greater than the minimum limits of liability required by the motor vehicle financial responsibility law of Oklahoma is available for said bodily injury under Part I–Liability to Others.”
“Progressive’s blanket exclusion effectively ensures that only one form of coverage–for motor-vehicle liability–will ever be available, even though its policyholder has paid for both [liability and uninsured motorist]…Progressive’s UM Exclusion violates public policy because an insurer in Oklahoma cannot deprive its policyholder of uninsured-motorist coverage for which a premium has been paid through an exclusion that effectively erases its policyholder’s choice to purchase that coverage in the first place.”
Outcome:Yes. Progressive’s UM Exclusion violates the terms of 36 O.S. § 3636
Vote:5-3. Opinion by Gurich, J. Concur: Darby, C.J., Kauger (separate writing),  Edmondson, and Combs, JJ. Dissent: Kane, V.C.J., Edmonson, and Rowe (separate writing), JJ.