Mlekush v. Farmers Insurance ExchangeAnnotate this Case
An injured first-party insured who is compelled to sue for underinsured motorist (UIM) benefits and recovers more at trial than the last insurance company offer is entitled to recover his or her attorney fees in an amount subsequently determined by the district court to be reasonable.
In this case, Plaintiff was compelled to sue Insurer. The jury returned a verdict higher than the amount of the last offer made by Insurer to settle her UIM claim. The Supreme Court held that Insurer was required to pay Plaintiff’s attorney fees. The court thus reversed the district court order denying fees and remanded the case for further proceedings.