of claim. A. An insurer shall furnish, upon written request of any insured claiming to have a loss under an insurance contract issued by such insurer, forms of proof of loss for completion by such person, but such insurer shall not, by reason of the requirement so to furnish forms, have any responsibility for or with reference to the completion of such proof or the manner of any such completion or attempted completion. B. It shall be the duty of the insurer, receiving a proof of loss, to submit a written offer of settlement or rejection of the claim to the insured within sixty (60) days of receipt of that proof of loss. Upon a judgment rendered to either party, costs and attorney fees shall be allowable to the prevailing party. For purposes of this section, the prevailing party is the insurer in those cases where judgment does not exceed written offer of settlement. In all other judgments the insured shall be the prevailing party. If the insured is the prevailing party, the court in rendering judgment shall add interest on the verdict at the rate of fifteen percent (15%) per year from the date the loss was payable pursuant to the provisions of the contract to the date of the verdict. This provision shall not apply to uninsured motorist coverage. Added by Laws 1957, p. 370, § 3629, operative July 1, 1957. Amended by Laws 1977, c. 133, § 1, eff. Oct. 1, 1977; Laws 1985, c. 79, § 1, eff. Nov. 1, 1985; Laws 2018, c. 95, § 8, eff. Nov. 1, 2018.
Notes of Decisions
Qualls v. Farmers Ins. Co., Inc., 629 P.2d 1258 (Okla. 1981).
· cites it 18× “LAVENDER, Justice: This is an appeal from an order overruling a motion to assess attorney fees to the prevailing party pursuant to 36 O.S.Supp. 1977, § 3629 B. [1] The pertinent facts are as follows: On September 20, 1975, appellee issued a fire insurance policy to appellants.”
Taylor v. State Farm Fire & Cas. Co., 1999 OK 44 (Okla. 1999).
· cites it 9× “2 preclude trial court allowance of attorney fees and prejudgment interest under Okla. Stat. Ann. tit. 36, § 3629 (B) 3 in insurance bad *1256 faith cases in which the insured does not also recover on a contract claim? (2) Following Brashier, are insurance bad faith claimants…”
Brashier v. Farmers Ins. Co., Inc., 925 P.2d 20 (Okla. 1996).
· cites it 14× “[34] For the pertinent terms of 36 O.S.1991 § 3629, see supra note 4. [35] For the pertinent terms of 12 O.”
Badillo v. Mid Century Ins. Co., 2005 OK 48 (Okla. 2005).
· cites it 4× “[20] *1107 PART VIII. THE TRIAL COURT DID NOT ERR IN DENYING INSURED ATTORNEY FEES.”
Hamilton v. Northfield Ins. Co., 2020 OK 28 (Okla. 2020).
· cites it 6× “In determining which is the prevailing party under 36 O.S. § 3629(B), should a court consider settlement offers made by the insurer outside the sixty- (formerly, ninety-) day window for making such offers pursuant to the statute? 2.”
Driver Music Co. v. Com. Union Ins., 94 F.3d 1428 (10th Cir. 1996).
· cites it 5× “In Shincmlt, the court considered a certified question from a federal district court: “What penalty should be imposed upon an insurer for failure to submit a written offer of settlement or rejection of the claim within ninety days of receipt of the insured’s Proof of Loss, as…”
Barnes v. Oklahoma Farm Bureau Mut. Ins. Co., 2000 OK 55 (Okla. 2001).
· cites it 2× “This Court held even though a statute [36 O.S.1991, § 3629(B)] expressly disallows recovery of counsel fees by the prevailing party in an action to enforce UM coverage, such disallowance did not foreclose an insured from the recovery of counsel fees as an element of the…”
Henderson v. Horace Mann Ins., 560 F. Supp. 2d 1099 (N.D. Okla. 2008).
· cites it 8× “Second, HMIC argues that the magistrate judge wrongfully concluded that plaintiffs are entitled to a fee award under Okla. Stat. tit. 36, § 3629 (B). The Court need only briefly consider these objections.”
— Okla. Stat. tit. 36, § 3629(B) — 23 cases
Hamilton v. Northfield Ins. Co., 2020 OK 28 (Okla. 2020).
“In determining which is the prevailing party under 36 O.S. § 3629(B), should a court consider settlement offers made by the insurer outside the sixty- (formerly, ninety-) day window for making such offers pursuant to the statute? 2.”
Brashier v. Farmers Ins. Co., Inc., 925 P.2d 20 (Okla. 1996).
“[34] For the pertinent terms of 36 O.S.1991 § 3629, see supra note 4. [35] For the pertinent terms of 12 O.”
Taylor v. State Farm Fire & Cas. Co., 1999 OK 44 (Okla. 1999).
“2 preclude trial court allowance of attorney fees and prejudgment interest under Okla. Stat. Ann. tit. 36, § 3629 (B) 3 in insurance bad *1256 faith cases in which the insured does not also recover on a contract claim? (2) Following Brashier, are insurance bad faith claimants…”
— Okla. Stat. tit. 36, § 3629(b) — 1 case
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