Aaron Weiss | PropertyCasualtyFocus | May 19, 2017 In a recent unpublished opinion, the Eleventh Circuit issued a decision that should serve as a warning to insurers to be sure to resolve all issues before dismissing a coverage action, particularly when involved in the settlement of an underlying suit. A Tale of Two Cases In… Continue reading Eleventh Circuit Deems Voluntary Dismissal of a Coverage Action Sufficient to Award Attorneys’ Fees to a Policyholder as the Prevailing Party
Tag: Attorneys Fees
Oregon Supreme Court Revives Century-Old Statute to Award Attorney’s Fees to Policyholder
Jason Morris | PropertyCasualtyFocus | May 5, 2017 The general rule regarding a party’s responsibility for legal fees in U.S. courts, known as the “American Rule,” provides that, barring a contrary contractual obligation or statute, each party is responsible for its own legal fees, regardless of a dispute’s outcome. Although statutory exceptions to this rule… Continue reading Oregon Supreme Court Revives Century-Old Statute to Award Attorney’s Fees to Policyholder
A Stitch in Time Saves … An Insured From Incurring Non-Covered Defense Costs
Christopher B. Freeman | PropertyCasualtyFocus | April 7, 2017 Timely notice is typically a condition precedent to coverage under an insurance contract, though many states require an insurer to demonstrate prejudice before denying coverage solely based on a failure to comply with a notice provision. However, as the court found in EmbroidMe.com, Inc. v. Travelers… Continue reading A Stitch in Time Saves … An Insured From Incurring Non-Covered Defense Costs
Oregon Supreme Court Rules Insurer May Owe Attorney Fees Even After Settlement
Terri A. Sutton | Cozen O’Connor | March 1, 2017 The Oregon Supreme Court, in Long v. Farmers Insurance Company of Oregon, ruled that “when an insured files an action against an insurer to recover sums owing on an insurance policy and the insurer subsequently pays the insured more than the amount of any tender… Continue reading Oregon Supreme Court Rules Insurer May Owe Attorney Fees Even After Settlement
Construction One-Minute Read: Litigation Challenges With Collecting Attorneys’ Fees
Randolph E. Ruff and Jonathan M. Mraunac | Ogletree Deakins | October 31, 2016 It is common knowledge among construction litigators that in order for a contractor to recover attorneys’ fees from a subcontractor, the subcontract must specifically state that attorneys’ fees are recoverable. However, in litigation, the arguments impeding a contractor’s recovery of fees… Continue reading Construction One-Minute Read: Litigation Challenges With Collecting Attorneys’ Fees