The court employed an expanded warranty of habitability theory. It held the landlord to an implied contractual obligation to provide protective measures. Since Kline , other courts have used the assumption of duty theory or have looked at the violation of statutes to evidence negligence by the landlord. However, in the end, traditional tort analysis is the fairest for all concerned. This comment examines the trend among some jurisdictions to require insurance companies to provide an independent attorney for the insured if a conflict of interest arises.
Some critics argue that such a requirement places too large of a burden on the insurer.
They believe this will increase defense costs because it will now be necessary to pay for two attorneys. Also, the insured's chosen attorney may be less qualified and therefore require more time and effort to prepare which would raise costs. To combat these objections, a number of jurisdictions have enabled the insured to choose independent counsel from a list of competent attorneys not associated with the insurer, or the insurer can approve the insured's choice of counsel. This more moderate approach is the better choice because it protects both the insured and the insurer. This article explains the use, origin, and purpose of deflection in Oklahoma as a means for the Oklahoma Court of Appeals to obtain jurisdiction over appellate cases.