Young v. Midwest Family Mut. Ins. Co., 272 Neb. 385

Summary

The Nebraska Supreme Court held that written settlement offers made by an insurer were not equivalent to offers to allow judgment under Neb. Rev. Stat. § 25-901. Because the insurer did not make qualifying offers to allow judgment, the statute did not preclude the insureds from seeking attorney fees under § 44-359. The court reversed and remanded for further proceedings.

Holdings

1. A written settlement offer is not equivalent to an offer in writing to allow judgment under Neb. Rev. Stat. § 25-901. To invoke the statute's protection, the offer must expressly comply with the statutory requirement of offering to allow judgment against the defendant.
2. Because Midwest did not make an offer to allow judgment as required by § 25-901, that statute did not preclude the Youngs from pursuing attorney fees otherwise available under § 44-359.

Questions Presented

1. Whether written settlement offers that do not expressly offer to allow judgment constitute offers to allow judgment under Neb. Rev. Stat. § 25-901.
2. Whether Midwest's settlement offers barred the Youngs from recovering attorney fees under Neb. Rev. Stat. § 44-359.
3. Whether the district court erred by denying the Youngs' attorney-fee request.

Disposition

reversed_and_remanded