Miller v. Carrizales et al

Filing 20

OPINION AND ORDER by Judge Frank H. Seay granting 18 Liberty Mutual Insurance Company's Motion for Summary Judgment (dma, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
BARBARA K. MILLER,
Plaintiff,
v.
JOE CARRIZALES; MISSOURI
MPP CORPORATION; and
LIBERTY MUTUAL INSURANCE
COMPANY,
Defendants.

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No. CIV-12-69-FHS

OPINION AND ORDER
In this diversity action, Defendant, Liberty Mutual Insurance
Company (“Liberty Mutual”), has filed a Motion For Summary Judgment And
Request For Removal From The Case Caption (Dkt. No. 18) asking this Court
to enter summary judgment in its favor on the basis that “Oklahoma law
does not permit a direct action against a liability insurance carrier in
the absence of statutory authority.” It is Liberty Mutual’s position
that no such statutory authority exists herein and, as a result,
Plaintiff cannot maintain a direct action against it at this time. In
response, Plaintiff concedes Liberty Mutual’s position and consents to
the entry of summary judgment in favor of Liberty Mutual. Based on the
arguments presented by Liberty Mutual and Plaintiff’s concession, the
Court finds that Liberty Mutual’s Motion For Summary Judgment And Request
For Removal From The Case Caption (Dkt. No. 18) should be granted.
Summary judgment is therefore entered in favor of Liberty Mutual and
Liberty Mutual is ordered removed from the case caption.
It is so ordered this 28th day of November, 2012.