Whitley v. Oologah Independent School District No. I-4 of Rogers County

Although I accede to today’s judgment and concur in the court’s pronouncement, I write separately to add that the insurer’s own act prevented this claim from qualifying as one that was denied “in whole or in part” within the meaning of 51 O.S.1981 § 157.1

I

When the insurer wrote to the plaintiffs’ counsel on March 30, 1983 to propose a settlement conference on April 13,1983 the insurer unequivocally manifested its conscious recognition of the plaintiffs’ claim as one that still stood in unrejected status.

Since under the terms of 51 O.S.1981 §§ 156(C)2 and 157 no action may be brought until a…