51 results for 'cat:"Insurance" AND cat:"Attorney Fees"'.
J. Dick grants, in part, a request by an insurer to deposit $325,000 in annuity proceeds into the court’s registry and be dismissed from the case on grounds it is a disinterested stakeholder. The insurer's requested $9,400 in attorney fees is reduced to $6,500, as the requested amount is excessive. The insurer will then be dismissed from the case.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: May 7, 2024, Case #: 3:23cv601, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, insurance, attorney Fees
J. Jackson finds that the trial court was within its discretion to require that insureds who sought attorney fees in a bad faith insurance action waive their attorney-client privilege to allow discovery of invoices, fee agreements and payment history. Under Brandt, the recovery of insureds' attorney fees as an element of their damages is an election that requires them to provide discovery, and seeking recovery of attorney fees is an implied waiver of privilege.
Court: California Courts Of Appeal, Judge: Jackson, Filed On: May 7, 2024, Case #: A169321, Categories: insurance, Privilege, attorney Fees
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
J. Immergut grants the insurance company's motion to compel arbitration in the insured's lawsuit alleging that the insurance company wrongfully disagreed with the value of the insured's claim for the injuries she sustained while pregnant during an accident with an at-fault, underinsured motorist. The insured implicitly agreed to arbitration when her demand letter stated that she “demands, consents, offers and commits to arbitration," so no new consideration is required. The insured also limited her ability her recovery attorney fees when she instituted arbitration proceedings.
Court: USDC Oregon, Judge: Immergut, Filed On: April 26, 2024, Case #: 3:24cv25, NOS: Insurance - Contract, Categories: Arbitration, insurance, attorney Fees
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J. Rosenthal finds for an insurance company on its claim against another insurer for the $1 million it paid to settle a car collision case, along with $169,000 in attorney fees and costs. The other insurer's policies completely cover the settlement at issue.
Court: USDC Eastern District of California, Judge: Rosenthal, Filed On: April 19, 2024, Case #: 1:18cv1319, NOS: Insurance - Contract, Categories: insurance, Settlements, attorney Fees
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. Tuite denies the insured's motion for attorneys' fees in the insurers' action against her seeking a judgment regarding their respective liability, if any, stemming from a crash with an underinsured motorist. This court lacks jurisdiction to enter the requested fee award, having already dismissed the instant case.
Court: USDC Middle District of Florida, Judge: Tuite, Filed On: March 26, 2024, Case #: 8:22cv1750, NOS: Insurance - Contract, Categories: insurance, attorney Fees
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
J. Rubin grants, in part, the property owners’ motion for summary judgment on liquidated damages in this dispute involving an insurer’s failure to pay out on an insurance claim and refused to defend the owners from a neighbor’s lawsuit over flooding on their property. In a previous court order the owners were granted partial summary judgment for the contract claim and it was determined there was a duty to defend for the insurer. The parties have filed a joint stipulation for the attorney fees. The owners now argue how prejudgment interest should be calculated and indemnification for unpaid or future attorney fees and expenses. Therefore, the joint stipulation for attorney fees and expenses, and the owners are entitled to prejudgment interest summary judgment is granted. The owner’s motion as to identification is denied but they may seek an award or move to amend judgment if entitlement matures in the future.
Court: USDC Maryland, Judge: Rubin, Filed On: February 14, 2024, Case #: 1:20cv1012, NOS: Insurance - Contract, Categories: insurance, Indemnification, attorney Fees
J. Pechman awards the insured $49,500 in attorney fees for their complaint that the insurance company wrongfully denied the minor rehabilitation services without a full and fair review. The insurance company's bad faith and culpability warrants attorney fees, because while the insurance company argues that it only needs to show that the insurance company had a reasonable basis to deny coverage to qualify as good faith, this argument misreads the court's order on cross-motions and relies on two inapplicable 9th Circuit cases.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: February 9, 2024, Case #: 2:22cv1517, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, insurance, attorney Fees
J. Whitehurst grants an award of $5,000 in attorney fees and costs to a motorist and against a rental car business and a claims adjuster for allegedly stonewalling his requests for information in his car collision case. Their “egregious use of boilerplate objections" and failure to provide a useful privilege log, among other things, resulted in the litigant’s counsel’s expenditure of 23 hours of unnecessary legal work. As result, he did not learn the identity of the responsible insurer until more than one year after filing suit.
Court: USDC Western District of Louisiana , Judge: Whitehurst, Filed On: February 5, 2024, Case #: 6:23cv32, NOS: Motor Vehicle - Torts - Personal Injury, Categories: insurance, attorney Fees
J. Rios upholds the trial court's award of attorney fees to an insured on his action against State Farm for underinsured motorist coverage. Although the jury's award was less than State Farm's pre-suit settlement offer, the insured was still successful on his claim, and "[t]o hold otherwise would effectively penalize [the insured] for declining to accept" the offer. Affirmed.
Court: Texas Courts of Appeals, Judge: Rios, Filed On: February 2, 2024, Case #: 04-22-00113-CV , Categories: insurance, Tort, attorney Fees
J. Blacklock answers a certified question submitted by a federal appeals court concerning whether a homeowner is able to recover attorney fees in a breach of contract case he filed against his insurer after a tornado damaged his house. The homeowner sued the insurance firm, arguing he was owed more from his claim. After the firm made additional payments to the homeowner to resolve the issue, the homeowner sought the award of attorney fees, which the insurer argued was precluded by its payments. Because the firm completed its obligation to the homeowner, it could not be ordered to cover his attorney fees.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: February 2, 2024, Case #: 23-0534, Categories: insurance, attorney Fees
J. Peterson partially grants the insureds' motion for attorney fees after a jury found in their favor on on bad faith and Insurance Fair Conduct Act claims against the insurance company and awarded them $9,600. The insureds ask for $229,600 in attorney fees, but the jury found that one of the insureds did not exercise ordinary care to avoid or minimize his damages and the insureds record unproductive time and block billing. As such, the insureds receive $106,800 in attorney fees.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: January 19, 2024, Case #: 2:22cv159, NOS: Insurance - Contract, Categories: insurance, attorney Fees
[Consolidated.] J. Eagan denies the plaintiff oil and gas company's motion for partial summary judgment seeking a declaration that the defendant company, a "working interest owner" in five development projects, is obligated "under the parties' contractual agreements to pay legal expense" in connection with certain earthquake and insurance litigation. Additionally, the court will grant the defendant's cross-motion and declare that it has no obligation to pay the fees at issue.
Court: USDC Northern District of Oklahoma , Judge: Eagan, Filed On: December 19, 2023, Case #: 4:20cv592, NOS: Other Contract - Contract, Categories: Civil Procedure, insurance, attorney Fees
J. Blumenfeld Jr. grants the insured $312,300 in attorney fees and $3,800 in costs for her complaint that the insurance company made an error in overpaying her $56,400 in long-term disability benefits over nine years and then demanded she pay the company back when it discovered the mistake. The insured seeks $571,100 in attorney fees for nearly 850 time entries for four years of work, but that amount is reduced because a number of items are excessive, redundant and unnecessarily billed, and there is sometimes "a mismatch between counsel’s experience offered to justify high hourly rates and the amount."
Court: USDC Central District of California, Judge: Blumenfeld Jr., Filed On: December 13, 2023, Case #: 8:20cv821, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, insurance, attorney Fees
J. Hornsby grants summary judgment to the estate of the decedent’s mother, and against his living brother, awarding a total of $480,000 insurance annuity payments to her estate. The living brother is a tertiary beneficiary; however, absent express language in the annuity to the contrary, if a primary beneficiary dies after the insured, but before all proceeds are paid to her, the estate of the primary beneficiary, not a secondary or tertiary beneficiary, is entitled to the proceeds. There was no such express language in the annuity contract or other relevant documents, so the estate of the mother is entitled to all remaining payments due under the annuity.
Court: USDC Western District of Louisiana , Judge: Hornsby, Filed On: November 16, 2023, Case #: 5:23cv158, NOS: Insurance - Contract, Categories: insurance, Settlements, attorney Fees
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
J. Currey finds the county court properly issued a five-year domestic violence restraining order against the ex-husband at the request of his former spouse. Upon the couple’s engagement, the 48-year-old male purchased a $4 million insurance policy on the 27-year-old female’s life for his benefit. He told her the policy’s death benefit was $1 million, and she became aware of the actual amount through discovery in these proceedings. The couple maintained contact via email through the stages of the declining relationship, which included many violent threats by the husband, accusations of cheating and instances of stalking. All evidence supports the order. The ex-wife is awarded attorney fees as well as the insurance policy with benefits to a charity of her choice. Affirmed.
Court: California Courts Of Appeal, Judge: Currey, Filed On: October 4, 2023, Case #: B313470, Categories: insurance, Restraining Order, attorney Fees
J. Crocker partially grants the beneficiary's motion for attorney fees in his lawsuit against the insurance company over the termination of his long-term disability benefits. The beneficiary is entitled to some fees in part because his allegation that the company failed to perform a full and fair review of his disability claim ultimately prevailed upon appeal to the Seventh Circuit, but his success on a "distinct procedural issue" calls for a reduction of the lodestar, and the beneficiary is awarded $41,944 in attorney fees and $907 in costs.
Court: USDC Western District of Wisconsin, Judge: Crocker, Filed On: September 29, 2023, Case #: 3:21cv19, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, insurance, attorney Fees
J. Peterson partially grants the beneficiary's motion for attorney fees in her lawsuit against the insurance company over the termination of her long-term disability benefits. Finding no basis to grant the beneficiary's "eye-popping" request for $180,774 in fees plus $2,984 in costs, she is awarded $69,725 in fees and no costs, as the fee calculations she proposes based on her attorneys' hourly work are excessive and unreasonable.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: September 28, 2023, Case #: 3:20cv420, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, insurance, attorney Fees