8 results for 'cat:"Insurance" AND cat:"Attorney Fees" AND cat:"Contract"'.
J. Moore finds the county court properly dismissed the attorney's complaint seeking fees under a contingency fee agreement. The attorney and former client entered into a contract for representation in a life insurance claim, though the claim was paid before the attorney began litigating the case. The county court correctly determined there was no meeting of the minds concerning the agreement. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: May 7, 2024, Case #: A-23-455, Categories: insurance, attorney Fees, contract
Per curium, at issue in this insurance dispute is the amount of the attorney fees awarded to the insureds. The insurance company claims the awarded amount is unreasonable, arguing the rates and number of hours billed by the insureds is excessive. The instant court finds the matter should be remanded to the lower court for further consideration. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: April 17, 2024, Case #: 3D23-0940, Categories: insurance, attorney Fees, contract
J. Miller finds the lower court improperly determined the amount of attorney fees to be awarded to an insurance company. USAA Insurance prevailed in litigating a personal injury protection case, and attorney fees were awarded, but the lower court found the attorneys were operating under a verbal flat rate agreement and reduced the fee judgment accordingly, and failed to award appellate fees in their entirety. The instant court finds no testimony presented that USAA worked under a flat rate agreement, and it is entitled to recover reasonable attorney fees. The matter is remanded to the lower court to determine and award reasonable fees, taxable costs and expert fees. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: April 17, 2024, Case #: 2022-2032, Categories: insurance, attorney Fees, contract
J. Fischer finds the district court improperly denied the insurance company's motion for attorney fees in this declaratory judgment action. The company filed to determine whether its appraisal procedure had been triggered by the insured's demand for a storm damage appraisal. The company prevailed on its appraisal issue and the insured's contract counterclaim. Reversed.
Court: Oklahoma Courts Of Appeal, Judge: Fischer , Filed On: March 7, 2024, Case #: 119695, Categories: insurance, attorney Fees, contract
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J. Chambers, on remand from the U.S. 4th Circuit Court of Appeals, awards $343,871 in attorney fees and costs to the automotive dealer for the work "necessary to obtain payment of the insurance proceeds" following a settlement reached prior to trial in the dealer's breach of contract claim against its insurance carrier for denying coverage for the fraudulent purchase of a car.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: November 1, 2023, Case #: 3:19cv477, NOS: Insurance - Contract, Categories: insurance, attorney Fees, contract
[Consolidated.] J. Yates finds the trial court improperly found that the law firm which successfully represented the injured party in this auto crash insurance dispute is entitled to attorney fees equaling one-third of attendant-care benefits for three years. Though the injured party believes the law firm is not entitled to future fees and the law firm believes it is entitled to fees in perpetuity, the trial court in fact incorrectly relied on a statutory analysis rather than the contract in its resolution. The contract allows strictly for one-third of the $251,523 settlement to be allocated for attorney fees. Vacated and remanded.
Court: Michigan Court of Appeals, Judge: Yates, Filed On: July 20, 2023, Case #: 361452, Categories: insurance, attorney Fees, contract