Karen Dearlove, Appellant and Cross-Appellee v. Patricia Campbell, Appellee and Cross-Appellant

Summary

The Alaska Supreme Court held that a payment satisfying a subrogation claim must be included in calculating the plaintiff's total recovery when evaluating an earlier offer of judgment, so the first offer did not support attorney's fees. The court held that the payment was properly excluded from the comparison involving the later offer because the claim had already been paid, but remanded because the record did not establish whether the payment was a settlement, reimbursement, or purchase of the claim. The court affirmed the ruling on the first offer and vacated the ruling on the second offer.