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HICKS v. LLOYD'S GENERAL INS. AGENCY

No. 64035.

763 P.2d 85 (1988)

Ken HICKS, Appellant, v. LLOYD'S GENERAL INSURANCE AGENCY, INC., Appellee.

Supreme Court of Oklahoma.

September 20, 1988.

Attorney(s) appearing for the Case

McDaniel & Beauchamp by Dale F. McDaniel, Tulsa, for appellant.

Doyle, Harris & Riseling by Steven M. Harris and Michael D. Davis, Tulsa, for appellee.

HODGES, Justice.

The issue on appeal is whether the defendant is the "prevailing party" when it makes a formal offer to allow judgment to be taken and the plaintiff refuses that offer and proceeds to trial where he recovers less than that offer. The dispute concerns whether the defendant can recover its attorney's fees under 12 O.S. 1981 § 936 for the period after the offer until the judgment was rendered.

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