Elliott v. Progressive Halcyon Insurance

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 obtaining a damage award of $8,509.64. Plaintiff then sought, and the trial court imposed, a sanction for plaintiffs expenses of $1,200 in…