Harrington v. Farmers Union Co-Operative Insurance

Cassel, Judge.

INTRODUCTION

Douglas Harrington sued Farmers Union Co-Operative Insurance Company (Farmers) under a fire insurance policy after Harrington’s house burned. After a verdict for Farmers, the trial court denied Farmers’ motion for attorney fees and costs under Neb. Rev. Stat. § 25-824(2) (Reissue 1995). Farmers appeals, asserting that the jury’s additional special findings conclusively determined that the action was “frivolous and made in bad faith.” Because we conclude that the jury’s findings did not abrogate the trial court’s discretion under § 25-824 and Neb. Rev. Stat. §…