Do settlement discussions/assurance toll the SOL?

Do settlement discussions toll the SOL on claims/cases (at least outside of the OGTCA)?

Answer:
Yes, but the negotiations have to be such as to lead the plaintiff the claim will be paid. See: Hart v. Bridges, 1989 OK 31, 591 P.2d 1172: Where suit filed w/in S.L., but service not obtained w/in 60 days as required by 12 O.S.A. ยง97, error not to permit P. to amend to plead estoppel by negotiating. Citing as to estoppel:

3. Hayes v. Gessner, 52 N.E.2d 968 (Mass. 1944); Peters v. Public Service Corp., 29 A.2d 189, affmd. 31 A.2d 809 (N.J. 1942); Lyden v. Goldberg, 490 P.2d 181 (Ore. 1971); Kilburn v. Keenan, 240 A.2d 213 (Conn. 1967); McLaughlin v. Blake, 136 A.2d 492 (Vt. 1957); Chandlee v. Shockley, 150 A.2d 432 (Md. 1950). In accord in Oklahoma but not involving similar facts; see Phillips Petroleum Company v. United States Fidelity & Guaranty Company, 1968 OK 23, 442 P.2d 303; Barnsdell Oil Co. v. Ricks, 1935 OK 1180, 53 P.2d 210; Magnolia Petroleum Co. v. Houston, 1932 OK 240, 9 P.2d 915; Empire Gas & Fuel Co. v. Lindersmith, 1928 OK 371, 268 Pac. 218.

Brewer v. Food Giant Supermarkets, Inc., 589 P.2d 459 (Ariz. App. 1978): Insurer not estopped to assert S.L., where P. took no action for 16 months after allegedly being assured by adjuster claim would be settled. P's. reliance was unreasonable; Jarvis v. City of Stillwater, 1987 OK 5, 732 P.2d 470: Letter asking for info. on claim and promising to report results of investigation to P. not sufficient to toll statute.

Whitley v. Oolagah Ind. School Dist., 1987 OK 67, 741 P.2d 455; Hart v. Bridges, 1979 OK 31, 591 P.2d 1172; Phillips Pet. Co. v. U.S.F.&G. Co.,1968 OK 23, 442 P.2d 303; Agricultural Ins. Co. of Watertown New York v. Iglehart, 1963 OK 214, 386 P.2d 145.