Fulton v. Mississippi Farm Bureau Casualty Ins. Co.
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After Mississippi Farm Bureau Casualty Insurance Co. (Farm Bureau) delayed payment of Robert Fulton's uninsured-motorist benefits, Fulton sued. The jury found Farm Bureau negligent for failing to timely investigate and pay Fulton's claim, awarding Fulton $10,000 in extracontractual damages. The jury did not find that Farm Bureau acted grossly negligent, reckless, or in bad faith and awarded no punitive damages. Following the jury's verdict, Fulton filed a post-judgment motion to amend, seeking $120,773 in attorney’s fees and expenses. The circuit court denied the motion, analyzing it under Mississippi Rule of Civil Procedure 59(e) and finding that Fulton had not shown reason to amend. Fulton appealed the denial of his motion, arguing that attorney's fees were collateral to the final judgment and outside the scope of Rule 59(e). The Court of Appeals agreed and reversed the circuit court, holding that the court at least should have considered awarding them. Upon review, the Supreme Court found that the Court of Appeals erred in classifying attorney’s fees as "collateral." Fulton had no post-judgment right to attorney's fees because the jury did not award punitive damages, and neither a statutory nor a contractual provision authorizes such fees. The circuit court, by properly applying a Rule 59(e) analysis, did not abuse its discretion in denying Fulton’s motion. Therefore, the Court reversed the Court of Appeals and reinstated and affirmed the circuit court's decision.
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