Oklahoma's Direct Action Statute does not apply to Foreign Motor Carriers
In Fierro v. Lincoln General Insurance Company, Fierro was injured in an accident with a motor carrier registered in California, and insured by Lincoln General. Fierro sued both the motor carrier and its insurer, Lincoln General. Lincoln General argued, its insured was an interstate motor carrier, and therefore, did not operate under an Oklahoma Motor Carrier License - thus, neither of the two Oklahoma direct action statutes applied to it. The court agreed. It found that the direct action statutes only apply to intra-state carriers, not interstate carriers. Furthermore,
Oklahoma takes part in the single state system, 47 O.S. §162.1 that is, where interstate motor carriers register and insure in their home states. Section 230.30 plainly states that “... after judgment against the carrier for any damage, the injured party may maintain an action upon the policy or bond to recover the same, and shall be a proper party to maintain such action." 47 O.S.2001 §230.30(A).” The reasons given for the prohibition [defendant's insurer cannot be directly sued by a plaintiff], besides statutory directive, include policy, prohibition by judicial decision, lack of privity between the injured plaintiff and the insurer, misjoinder of the tort action and the action on the contract, and the enforcement of the “no-action” clause in the policy.” Daigle v. Hamilton, 1989 OK 137, ¶ 5, 782 P.2d 1379, 1380.
Thus, for interstate carriers properly registered in their home state, a direct action is not available against the insurance carrier until after there is a judgment.
