Legal Opinion
Riordan v. State Farm Mutual Automobile Insurance
Court of Appeals for the Ninth Circuit
Decided December 10, 2009No. 08-35874PublishedCited by 70 opinions
1Opinion of the Court
Opinion by Judge PREGERSON; Partial Concurrence and Partial Dissent by Judge RYMER.
*1002PREGERSON, Circuit Judge:
Under the American Rule, civil litigants are generally required to pay their own attorney fees. The state of Montana, however, recognizes an exception to the American Rule in the context of insurance disputes. We consider whether the claimant here, who was forced into litigation in order to recover the full benefit of his insurance contract, may recover attorney fees incurred as a result of that litigation. We have jurisdiction under 28 U.S.C. § 1291, and we affirm the district court’s…
2Cases cited19 opinions
- Lehman Brothers v. ScheinSupreme Court of the United States · 1974
- Darnella BARJON and Lee Duran, Plaintiffs-Appellants, v. John H. DALTON, Secretary of the Navy, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1997
- Victor Barrios v. California Interscholastic Federation California Interscholastic Federation Opinion Southern SectionCourt of Appeals for the Ninth Circuit · 2002
- Jacobsen v. Allstate InsuranceMontana Supreme Court · 2009
- Tutor-Saliba Corp. v. City of HaileyCourt of Appeals for the Ninth Circuit · 2006
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3Cited by70 opinions
- Kirk Rishor v. Bob FergusonCourt of Appeals for the Ninth Circuit · 2016
- Precision Seed Cleaners v. Country Mutual InsuranceDistrict Court, D. Oregon · 2013
- Donell v. KeppersDistrict Court, S.D. California · 2011
- Mass. Bay Ins. Co. v. Walflor Indus., Inc.District Court, W.D. Washington · 2019
- Mlekush v. Farmers Insurance ExchangeMontana Supreme Court · 2015
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