Tag Archives: Attorney Fees

“American Rule” Abolished in Oklahoma

Most states follow the “American Rule” when it comes to litigation. In other words, absent a specific statute or contractual provision to the contrary, each party pays their own legal costs and fees. However, the Oklahoma legislature passed, and on May 10, 2017, the governor signed into law, a bill which, in essence, abolished the … Continue Reading

California Supreme Court Decides That Policyholder Attorney’s Fees Are Included to Calculate Punitive Damages

On May 5th, I blogged about an important case pending before the California Supreme Court—Nickerson v. Stonebridge Life Insurance Company—that was set to address an important issue for policyholders forced to sue their insurers for bad faith and punitive damages. You can check out my prior blog addressing the issues in the case here.… Continue Reading

California to Decide Whether Policyholder Attorney Fees Are Included to Calculate Punitive Damages

The California Supreme Court heard oral argument recently on an issue that is important to insurance policyholders forced to sue their insurers for bad faith and punitive damages: Whether an award of attorney fees should be included as compensatory damages for purposes of calculating the ratio between punitive and compensatory damages. The case is Nickerson … Continue Reading

Insureds Recover Attorney Fees and Costs Despite Jury Finding of Misrepresentations or False Statements

A recent Florida case involved insureds whose home was insured by Citizens. On May 25, 2012, the home was damaged by water escaping from a broken plumbing system.1 Citizens’ adjuster inspected the home and noticed that the driveway and interior flooring had been trenched and the underground plumbing system had been removed by a plumbing … Continue Reading

New Jersey Federal Court Dismisses Insured’s Claims for Consequential or Incidental Damages in Flood Case

The Standard Flood Insurance Policy (SFIP) provides that policyholders are to be covered for “direct physical loss by or from flood.”1 However, what about compensation for damages such as attorney’s fees, costs and interest? This issue was recently addressed by the federal district court in New Jersey. In Ryan v. Selective Insurance Company of America,2 … Continue Reading

Broker Negligence and Attorneys’ Fees in New Jersey

When you are dealing with damage to a client’s property and attempting to recover insurance proceeds, one of the first questions raised is in reference to attorneys’ fees. The client wants to know if the party that has wronged them will be responsible for their costs and expenses in recovering the insurance proceeds. Unfortunately, New … Continue Reading

Florida Court Draws a Hard Line on Attorney’s Fees from FIGA

The Florida Insurance Guaranty Association (FIGA) is Florida’s public entity for resolving claims for certain insolvent insurers. FIGA is controlled mostly by statute, and attorney’s fees are no exception. Generally, under Florida Statute § 627.428, attorney’s fees are available for an insured who succeeds on legal action against his or her insurance company. However, Florida … Continue Reading

When Does Florida Allow for the Recovery of Attorneys’ Fees?

Many policyholders face a thorny dilemma in disputing their insurance claim because of the fees and costs associated with litigation and the appraisal process. Even when a policyholder prevails and proves an insurer underpaid or a wrongfully denied a claim, the net recovery is reduced by litigation fees that were necessitated to obtain the benefits.… Continue Reading

Florida Supreme Court Rules That Since Insurance Policy Does Not Expressly Provide Coverage For Attorneys’ Fees, FIGA Does Not Have To Pay Them

On January 19th, the Florida Supreme Court issued its opinion in Petty v. Florida Insurance Guaranty Association, which decided whether an insured is entitled to recover attorney’s fees from the Florida Insurance Guaranty Association (FIGA). I wrote about the case in October 2010, when it was at the lower appellate level, in The Definition of … Continue Reading

Florida Court Distinguishes Its Ruling From A Few Months Ago And Orders FIGA To Pay Attorney’s Fees

Just last week, Florida’s Fourth District Court of Appeals held that the Florida Insurance Guaranty Association (“FIGA”) wrongly denied a policyholder’s claim and was obligated to pay attorney’s fees and costs. In Rahabi v. FIGA, the appellate court distinguished the holding from its earlier case, FIGA v. Ehrlich, which was just decided in May of … Continue Reading

Did The Policyholder’s Lawsuit Against The Insurer Act As A Necessary Catalyst To Resolve The Dispute?

Whether a policyholder’s lawsuit against an insurer was necessary to resolve a first party claims dispute can be an important question for Florida courts in determining an insured right to attorney’s fees pursuant to Florida Statute 627.428. Florida Statute 627.428 is intended to encourage insurers to pay policyholders the claim proceeds they are entitled to … Continue Reading

The Definition of a “Covered” Claim by the FIGA Act Leads Florida Second and Third District Court of Appeals to Different Results

In Florida, the Florida Insurance Guaranty Association (FIGA), was created by statute to pay claims to policyholders if their insurers become insolvent. The FIGA Act, §631.54(3) defines a covered claim as: [A]n unpaid claim, including one of unearned premiums, which arises out of, and is within the coverage, and not in excess of, the applicable limits … Continue Reading

Can I Recover My Attorney’s Fees in Texas?

Many potential clients are concerned about the attorney’s fee they will have to pay when we successfully resolve their claim. Their concern is understandable, given that any fee would be taken out of their gross recovery. Most potential clients are under the impression that my attorney’s fees will lower their overall recovery. I try to … Continue Reading

Federal Flood Proofs of Loss Due on Friday and a Flood Case Showing How Unfair it Can Be to Fight National Flood in Court

Just a reminder, my post, FEMA Grants An Additional 60 Day Extension For Ike And Gustav Victims To File Flood Proofs Of Loss, indicated that the deadline for having Flood Proofs of Loss in the hands of the flood insurers is on Friday, August 7, 2009. Please check for any changes and bulletins. In another … Continue Reading
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