A traffic accident occurred involving vehicles driven by Dr. Behar and Francis Bassano. Bessano was only insured for $10,000. Dr. Behar later sued his own insurer, USAA, for the underinsured motorist benefits of his policy. USAA offered to settle for $125,001, but Dr. Behar and his wife requested $395,000. Neither party accepted. The case went to trial, and the jury found that Bassano was not negligent and that the Behars were entitled to nothing. USAA asked the court to order the Behars to pay its costs and attorneys fees, but the judge declined to do so on grounds USAA had not fully complied with rules governing offers to settle. The Second District Court affirmed.