Torres v. Sentry Ins.
| Decision Date | 28 December 1976 |
| Docket Number | No. 48923,48923 |
| Citation | 558 P.2d 400,1976 OK 195 |
| Parties | George R. TORRES, Appellee, v. SENTRY INSURANCE, a Mutual Company, Appellant. |
| Court | Oklahoma Supreme Court |
Appeal from the District Court of Oklahoma County; Creston Williamson, Trial Judge.
This case is an appeal from a judgment issued in the District Court of Oklahoma County. The question raised is whether under the provisions of a homeowner's insurance policy the insurance company owed a defense to a medical malpractice suit, when the policy excluded coverage for personal liability and medical payments arising out of the rendering of or failure to render professional services, including medical, surgical and dental services.
Held, that the insurance carrier could not be liable for any damages recovered in the malpractice suit, and therefore owed no defense.
REVERSED AND REMANDED WITH INSTRUCTIONS.
Rex K. Travis, Oklahoma City, for appellee.
King & Robert by Tom L. King, Oklahoma City, for appellant.
In 1972, appellee Dr. George R. Torres was sued in the District Court of Oklahoma County for medical malpractice. After Dr. Torres was successful in defending that suit he brought an action against appellant, Sentry Insurance Company, alleging that under certain provisions of a homeowner's insurance policy issued by Sentry Insurance to Dr. Torres, the insurance company had an obligation to provide a defense in the medical malpractice suit.
The doctor's suit against Sentry was submitted to the trial court on a stipulated set of facts in which the parties stipulated as to the content of the insurance policy, that the policy was in full force and effect when the malpractice suit arose and was commenced, and that the cost of defending the malpractice suit totaled $1,546.35 which the parties stipulated was a reasonable attorney fee.
Subsequently, the trial court entered judgment against the insurance company for the $1,546.35 cost of defense and for additional attorney fees in the suit on the contract. Appellant insurance company appeals from that judgment. On October 25, 1976, upon motion by appellant and upon the unexercised omission by appellee to respond to such motion, this Court ordered that the appeal be considered on the record and on the brief of the appellant only.
In his petition, Dr. Torres relies upon the following language in the insurance policy:
'This Company shall have the right and duty, at its own expense, to defend any suit against the insured seeking damages on a count of such bodily injury or property damage, even if any of the allegations of the suit are groundless, false or fraudulent, but may make such investigation and settlement of any claim or suit as it deems expedient.'
Appellant insurance company in its brief is quick to point out that the policy in question is a homeowner's policy which is primarily designed for exposures incidental to home ownership and personal hazards outside of business risks that are not normally covered by other contracts of insurance and that the homeowner's policy, like all policies of insurance, provides general coverage for liabilities restricted expressly by exclusionary provisions.
Then, appellant calls this Court's attention to 'Exclusions, subsection 1(c), (d), as modified by an endorsement to the policy entitled, 'Office, Professional, Private School or Studio Occupancy, Described Residents Premises...
To continue reading
Request your trial
-
Hensley v. State Farm Fire & Cas. Co.
...Works Co., Inc. v. Insurance Company of North America, 1962 OK 197, 375 P.2d 873 (Syllabus by the Court) and Torres v. Sentry Insurance, 1976 OK 195, 558 P.2d 400, 401.45 Bituminous Cas. Corp. v. Cowen Const., Inc., 2002 OK 34, ¶ 9, 55 P.3d at 1033, citing Max True Plastering Co. v. U.S. Fi......
-
Johnson v. CSAA Gen. Ins. Co.
...Bogdahn , 2004 OK 9, ¶ 11, 89 P.3d 1051 ; Bituminous Cas. Corp. v. Cowen Const., Inc. , 2002 OK 34, ¶ 9, 55 P.3d 1030, 1032 ; Torres v. Sentry Ins. , 1976 OK 195, ¶ 7, 558 P.2d 400 ; Wiley v. Travelers Ins. Co. , 1974 OK 147, ¶ 16, 534 P.2d 1293 ; American Iron & Mach. Works Co., Inc. v. In......
-
Siloam Springs Hotel, LLC v. Century Sur. Co.
...extend and the other is willing to purchase. Bituminous Cas. Corp. v. Cowen Const., Inc. , 2002 OK 34, ¶ 9, 55 P.3d 1030 ; Torres v. Sentry Insurance , 1976 OK 195, ¶ 7, 558 P.2d 400 ; Wiley v. Travelers Insurance Co. , 1974 OK 147, ¶ 16, 534 P.2d 1293. In Ball this Court refused to interfe......
-
Bp America v. State Auto Property & Cas.
...¶ 16, 534 P.2d 1293; American Iron & Machine Works Co., Inc. v. Insurance Co. of North America, 1962 OK 197, ¶ 5, 375 P.2d 873; Torres v. Sentry Ins., 1976 OK 195, ¶ 7, 558 P.2d 8. Title 15 O.S.2001 § 154; 36 O.S.2001 § 3621; Phillips v. Estate of Greenfield, 1993 OK 110, ¶ 10, 859 P.2d 110......