Progressive Direct Insurance Co. v. Pope

Summary

The Oklahoma Supreme Court held that statutory treble damages under 47 O.S. 2011, § 10-103 are punitive in nature because they serve a deterrent purpose against hit-and-run drivers. The Court further held that the treble damages were excluded under the insurance policy's exclusion for punitive or exemplary damages. The District Court of Tulsa County's consent judgment was affirmed.

Holdings

1. A partial summary adjudication resolving an issue of law before entry of judgment is ordinarily interlocutory and not immediately appealable, but it may be reviewed on appeal from a subsequent judgment when the judgment supplies appellate jurisdiction. Powell's timely appeal from the consent judgment properly brought the treble-damages issue before the Supreme Court.
2. Statutory treble damages under 47 O.S. 2011, § 10-103 are punitive in nature because their primary legislative purpose is to deter hit-and-run drivers and control their conduct.
3. The policy's exclusion for punitive or exemplary damages excludes coverage for treble damages awarded under 47 O.S. 2011, § 10-103.

Questions Presented

1. Whether Powell's appeal from the subsequent consent judgment properly permitted review of the district court's anterior partial summary adjudication.
2. Whether treble damages authorized by 47 O.S. 2011, § 10-103 are punitive in nature.
3. Whether the policy's exclusion for punitive or exemplary damages excludes coverage for treble damages awarded under 47 O.S. 2011, § 10-103.

Disposition

affirmed