Scottsdale Insurance Company v. Tolliver

Summary

The Supreme Court of Oklahoma declined to answer a certified question concerning whether an insured must intend to deceive an insurer before a misrepresentation, omission, or incorrect statement on an insurance application can prevent recovery under Oklahoma Insurance Code section 3609. The court concluded that controlling Oklahoma precedent already required a finding of intent to deceive, making certification inappropriate under the Revised Uniform Certification of Questions of Law Act.

Holdings

1. The Oklahoma Supreme Court may decline to answer a certified question when the prerequisites of the certification statute are not satisfied, including when controlling Oklahoma precedent already resolves the question.
2. The court recognized that controlling Oklahoma precedent requires a finding that the insured intended to deceive the insurer before a misrepresentation, omission, or incorrect statement in an application can avoid the policy under § 3609, but it declined to answer the certified question because the issue was already controlled by Oklahoma precedent.

Questions Presented

1. Whether the Oklahoma Supreme Court should answer the certified question asking whether Oklahoma law requires proof that an insured intended to deceive the insurer before a misrepresentation, omission, or incorrect statement in an insurance application can prevent recovery under 36 O.S. § 3609.
2. Whether the certified question satisfied the statutory prerequisites for discretionary review when controlling Oklahoma precedent already addressed the issue.

Disposition

other