Lemasters v. Nationwide Mut. Ins. Co. (Per Curiam Opinion)Annotate this Case
Plaintiff sought underinsured motorists (UIM) coverage from Respondent, Plaintiff's insurance carrier, after he was involved in an accident. Plaintiff and his wife eventually filed suit against Respondent seeking to recover the benefits. Plaintiff and Respondent settled the claim. Plaintiffs then amended their complaint against Respondent to allege a bad faith claim for violation of the Unfair Trade Practices Act, alleging that Respondent acted in bad faith by not paying their first-party claim for UIM. The jury returned a verdict in favor of Plaintiffs. Plaintiffs then moved for attorney fees and costs for substantially prevailing in the underlying bad faith award. The circuit court denied the costs and fees. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion in concluding that there was no factual basis upon which to award fees on the bad faith claim.