Unapportioned Offers of Judgment Allowed in Oklahoma
Summary: Hollie Bryant, a minor, and her father filed a breach of contract and bad faith case against Sagamore Insurance Company after she was involved in an auto accident. Sagamore denied coverage on grounds of failure to cooperate and because Hollie was not an insured. After filing a motion for summary judgment Sagamore made an unapportioned offer of judgment for $5,000 under the Oklahoma Offer of Judgment statute. The Bryants sought clarification, but allowed the offer to expire without responding. The district court granted summary judgment in favor of Sagamore which then moved for attorney’s fees and costs incurred after the date of its offer of judgment, which resulted in an award of roughly $79,000. The Bryants unsuccessfully argued in the trial court and on appeal that the offer of judgment was invalid because it was not apportioned.