This action arose from a motor vehicle accident. At the pre-trial conference, Justice Trimble awarded costs in the amount of $1,000 against the defendant. The conference was attended by the plaintiff, the plaintiff’s counsel, the defendant’s counsel, and a representative of the defendant’s automobile insurer who defended the action on behalf of the defendant. The defendant maintained a “no liability” position. In response to questioning by Justice Trumble, the insurer representative admitted that she did not have authority to settle the case up to the policy limit if the facts supported it; that she reported to a committee for settlement authority; and that she had not made arrangements for a decision-maker within her company to be available by phone in the event she needed to seek authority. Justice Trimble found that the representative was not a decision-maker with authority to settle, and there was not an effective decision-maker available by phone to make decisions about settlement. Justice Trimble also was not satisfied that anybody could make a decision on settlement without reporting to an oversight committee. He concluded that the defendant had not complied with Rule 50.05(2) in the circumstances of the pre-trial conference.
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