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ELLIOTT v. PROGRESSIVE HALCYON INS. CO.

050606558; A134725.

194 P.3d 828 (2008)

222 Or. App. 586

James ELLIOTT, Plaintiff-Respondent, v. PROGRESSIVE HALCYON INSURANCE COMPANY, an Ohio corporation, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 8, 2008.

Attorney(s) appearing for the Case

James B. Rich argued the cause for appellant. With him on the briefs were James A. Wickwire and Harris, Wyatt & Amala, L.L.C.

Willard E. Merkel, Portland, argued the cause for respondent. With him on the brief was Merkel & Associates.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

ARMSTRONG, J.

This case involves the interplay of ORCP 54 E(3), relating to offers of judgment, and ORCP 46 C, relating to sanctions for failing to admit facts later proved at trial. Plaintiff filed a claim under the uninsured motorist provisions of a policy with defendant Progressive Halcyon Insurance Company, and defendant made an offer of judgment of $10,000, pursuant to ORCP 54 E. Plaintiff rejected the offer and pursued the matter through jury trial, ultimately...

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