A-PLUS JANITORIAL v. EMPLOYERS' WCA

No. 83227.

936 P.2d 916 (1997)

A-PLUS JANITORIAL & CARPET CLEANING, an Oklahoma sole proprietorship; A.R.K. Ramos Foundry & Manufacturing Company, Inc., an Oklahoma corporation; Acura Neon, Inc., an Oklahoma corporation; Alpine Trucking, Inc., an Oklahoma corporation; Anderson Mechanical Inc., an Oklahoma corporation; Beeson Mechanical Contractors, Inc., an Oklahoma corporation; Bigby Companies, an Oklahoma partnership; Bridgeman Electric, Inc., an Oklahoma corporation; Carpet Masters Incorporated, an Oklahoma corporation; Cleo Weaver, Inc., an Oklahoma corporation; Computer Power Technologies, a division of Wiley Electric, Inc., an Oklahoma corporation; Craig County Farm Supply, an Oklahoma general partnership; E-Tech, Inc., an Oklahoma corporation; E-Z Stop, Corp., a Kansas corporation; E-Z Stop, Inc., an Oklahoma corporation; EMTEC Pest Control, Inc., an Oklahoma corporation; Gasoline Marketing, Inc., an Oklahoma corporation; George Mayer, Inc., an Oklahoma corporation; Griffith Petroleum Management Corporation, an Oklahoma corporation; Hardwall Fabricators, Inc., an Oklahoma corporation; Jack Griffith Petroleum Products, Inc., an Oklahoma corporation; LaFaver Fiberglass Corporation, an Oklahoma corporation; Miami Stone, an Oklahoma corporation; Miller Glass Company, an Oklahoma corporation; N-R Industries, Inc., an Oklahoma corporation; Oklahoma Ice Company, Inc., an Oklahoma corporation; Oklahoma Leather Products, Inc., an Oklahoma corporation; Ottawa County Farm Supply, an Oklahoma partnership; Peevy Construction Company, Inc., an Oklahoma corporation; Roto Hammer Company, an Oklahoma corporation; Sam Robinson, d/b/a Sam Robinson Signs and d/b/a Signa Outdoor Advertising; Standard Machine & Welding Works, an Oklahoma sole proprietorship; Total Marine Services, an Oklahoma corporation; Townley Dairy Company, an Oklahoma corporation; Tulsa Overhead Door Co., Inc., an Oklahoma corporation; Valet Wash And Lube Centers, Inc., an Oklahoma corporation; Wiley Electric, Inc., an Oklahoma corporation, Plaintiffs-Appellants, v. THE EMPLOYERS' WORKERS' COMPENSATION ASSOCIATION, an unincorporated group self-insurance association; American Citizens Insurance Agency, Inc., an Oklahoma corporation; Bomford, Couch & Wilson, an Oklahoma business trust; Commerce Insurance Agency, Inc., an Oklahoma corporation; Rich & Cartmill, Inc., an Oklahoma corporation; Bill Kelley, d/b/a Bill Kelley Insurance Agency; Sturdivant Insurance Agency, Inc., an Oklahoma corporation; United General Agency, Inc., an Oklahoma corporation; Carris Agency, Inc., an Oklahoma corporation; Al M. Snipes General Insurance, Inc., an Oklahoma corporation; Associated Underwriters, Inc., an Oklahoma corporation; Bill Beckman Company, an Oklahoma corporation; and The Employers Insurance Agents Group, a/k/a The TEWCA Agents Group, an unincorporated association, Defendants-Appellees.

Supreme Court of Oklahoma.

April 8, 1997.


Attorney(s) appearing for the Case

Cleve W. Powell, Northcutt, Clark, Gardner, Hron and Powell, Ponca City, for Appellants.

Clark O. Brewster John W. Anderson, Jr., Brewster, Shallcross & DeAngelis, Tulsa, for Appellee, The Employers' Workers' Compensation Association.

William C. Devinney, Oklahoma City, for Appellees, The Employers Insurance Agents Group and Associated Underwriters, Inc.

William J. Bergner, Debra L. Chionopoulos, Walker, Ferguson & Ferguson, Oklahoma City, for Appellees, American Citizens Insurance Agency, Inc., Commerce Insurance Agency, Inc., United General Agency, Inc., Carris Agency, Inc., Al M. Snipes General Insurance, Inc. and Bill Beckman Company.

John R. Paul, Suzanne Hale Costin, Lori Moon Kastner, Richards, Paul, Richards & Siegel, Tulsa, for Appellee, Sturdivant Insurance Agency, Inc.

Scott B. Wood, Barkley, Rodolf & McCarthy, Tulsa, for Appellee, Rich & Cartmill, Inc.

John B. Stuart, Wagner, Stuart & Cannon, Tulsa, for Appellee, Bomford, Couch & Wilson.


OPALA, Justice.

The dispositive issue on certiorari is whether the trial court erred in dismissing the plaintiffs' claims. We answer in the affirmative.

I

THE ANATOMY OF LITIGATION

The plaintiffs/appellants are former members [plaintiffs, former or ex-members] of The Employers' Workers' Compensation Association [TEWCA], an unincorporated workers' compensation group self-insurance association organized...

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