Albritton v. Estate of Larson

OPINION

RABINOWITZ, Justice.

In the court below appellants commenced a personal injury action against appellee, the Estate of Dean Larson. On October 21, 1965, approximately one year after the case was at issue, appellee’s counsel filed in the superior court an instrument which was captioned in part “PAYMENT INTO COURT OF POLICY LIMITS AND COSTS TO DATE.” Where pertinent, this document reads as follows:

[Appellee] does hereby tender in cash * * * the full policy limits under [Ap-pellee’s] liability insurance policy plus $1,000.00 extra to cover [Appellants’] costs to date, into the registry of…