Mlekush v. Farmers Insurance Exchange

¶1 This appeal arises from a November 3, 2016 District Court order denying a motion for attorney fees.

¶2 We restate the sole issue on appeal as follows:

Whether an injured first-party insured who is compelled to sue for UIM benefits and recovers more at trial than the last insurance company offer is entitled to recover his or her attorney fees.

FACTUAL AND PROCEDURAL BACKGROUND

¶3 On January 15,2011, Tanya L. Mlekush (Mlekush) was injured in a two-vehicle collision. At the time, Farmers Insurance Exchange (Farmers) insured Mlekush under a policy that provided underinsured motorist (UIM)…