Willard v. Kelley

SIMMS, Justice,

dissenting:

I concur with the views expressed by Justice Summers insofar as he dissents from the majority decision, however, for the same reasons expressed therein I would also hold the medical payment provisions are inapplicable to this situation.

I agree with Prudential's argument that it was entitled to judgment as a matter of law. Coverage of this shooting incident was not afforded by either the terms of 36 O.S.1981, § 3636, or the insurance policy. I must, therefore, respectfully dissent from the majority opinion.