Oklahoma City Insurance

Some lawyers deem reform measure unfair

Some lawyers question fairness of reform measure

Some lawyers say a lawsuit reform measure pending in the Senate is unfair to those who carry insurance.

Senate Bill 864 would require compensation from sources independent of a defendant, such as a plaintiff’s insurance, to be subtracted from the amount of damages recovered from the defendant.

Oklahoma City attorney James Dunn called the proposal “totally egregious.”

When a person pays for life, disability or health insurance, it should not be deducted from the amount of monetary damages that a defendant is required to pay, he said.

“Why should a drunk driver or negligent person get credit?” Dunn said.
Clark Brewster, a Tulsa attorney, said Senate Bill 864 makes no sense.

“Say you have an insurance policy that you are paying $1,500 a month to make sure you have medical insurance and another person is poor and doesn’t have the same policy,” Brewster said.

“You get into the same accident. All the money you get from the insurance company offsets their liability to you so they don’t owe you anything because you are covered by insurance, even though you paid it.

BY BARBARA HOBEROCK - Tulsa World

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