I have a situation involving UM and a WC claim. The insured's vehicle was parked at the job sight when a power line fell touching the vehicle and causing injuries to the employee. That employee is receiving statutory WC benefits but his attorney is pursuing UM benefits. There are no third parties involved on this case. The only vehicle involved is owned by the employer and was parked. Carrier feels it is a compensable UM case. We do not.

Oklahoma Subscriber

You do not say under what provision of the Oklahoma UM law that the insured might be entitled to benefits. Oklahoma uninsured motorists law is governed under § 3636, which gives protection to persons who are legally entitled to recover damages from owners or operators of uninsured motor vehicles and hit-and-run motor vehicles because of bodily injury, sickness or disease, including death resulting therefrom. The term "uninsured motor vehicle" includes an insured motor vehicle where the liability insurer is unable to make payment with respect to the legal liability of insured insured due to insolvency. The Oklahoma Uninsured Motorist Coverage Law, as stated in the selection or rejection form, provides as follows:

... Uninsured Motorist coverage, unless otherwise provided in your policy, pays for bodily injury damages to you, members of your family who live with you, and other people riding in your car who are injured by: (1) an uninsured motorist, (2) a hit-and-run motorist, or (3) an insured motorist who does not have enough liability insurance to pay for bodily injury damages to any insured person. Uninsured Motorist coverage, unless otherwise provided in your policy, protects you and family members who live with you while riding in any vehicle or while a pedestrian...