Recovering Costs above UM Limits
UM Defendant is claiming insured is not allowed costs over and above the UM limits when the insured is the prevailing party at trial. Do you know of any authority on this point?
Answer: What he is thinking about is 36 O.S. Sec. 3629(B): “B. It shall be the duty of the insurer, receiving a proof of loss, to submit a written offer of settlement or rejection of the claim to the insured within ninety (90) days of receipt of that proof of loss. Upon a judgment rendered to either party, costs and attorney fees shall be allowable to the prevailing party. For purposes of this section, the prevailing party is the insurer in those cases where judgment does not exceed written offer of settlement. In all other judgments the insured shall be the prevailing party. If the insured is the prevailing party, the court in rendering judgment shall add interest on the verdict at the rate of fifteen percent (15%) per year from the date the loss was payable pursuant to the provisions of the contract to the date of the verdict. This provision shall not apply to uninsured motorist coverage.”
Of course, that provision applies only to attorney fees and pre-judgment interest. The general cost statute will still apply as to costs other than attorney fees.
Posted on Mon, April 14, 2014
by Travis Law Office filed under