This story is reprinted with permissionfrom FC&S Legal, the industry'sonly comprehensive digital resource designed for insurancecoveragelaw professionals. Visit the website to subscribe.

The Oklahoma Supreme Court — in a case involving what aconcurring justice referred to as an insurer's “appalling conduct”— has expanded the ability to bring bad faith claims against workers' compensationinsurance carriers.

The case

On Sept. 10, 2014, Tracy Meeks filed a petition in an Oklahomastate court alleging that Southside Recycling LLC, through itsinsurance carrier, Guarantee Insurance Company, had in bad faithengaged in a systematic pattern and practice of refusing to paycourt-ordered temporary total disability (TTD) benefits on 26separate occasions, without just cause.

In support, Meeks relied on various previously entered TTDorders by the Oklahoma Workers' Compensation Court (WCC). Inparticular, Meeks proffered a June 26, 2014, WCC order thatstated:

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