AUGUST 2026 | 21 THE OKLAHOMA BAR JOURNAL Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. coverage.5 So again, the better practice is to couch your claims in terms of negligence. All of the above is premised on the longstanding rule that insurance only covers “accidental” or “fortuitous” events – as those events are viewed from the perspective of the insured person.6 Because of the requirement of a fortuitous event, for instance, attorneys who sue for intentional acts of nursing home abuse or school or counselor abuse, for instance, always find a way to join the employer or some other person or entity that may potentially be held liable either vicariously (assuming the bad acts fall within the scope of employment) or for negligently failing directly in some manner to prevent the harmful incident. This is because a claim that is uncollectible against the intentional actor may nonetheless be collectible against his or her employer (or any other person or entity who owed a legal duty yet failed to act reasonably to protect the public from such misconduct). Having done your best to plead into coverage at the outset, it is then important to obtain a copy of all available insurance policies as soon as possible to review for a need to amend the pleadings, ensuring that
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