Dockins v. State Farm Insurance

As this insurance coverage dispute comes to this court, the sole issue concerns plaintiffs’ right to collect attorney fees from defendant insurer. Before trial, the parties settled the substance of the action in plaintiffs’ favor for $15,000. The parties left open the question of attorney fees to be resolved by the trial court if and when plaintiffs petitioned the court for such fees. After the parties had entered into a stipulated judgment reflecting their agreement, plaintiffs petitioned for attorney fees. Defendant objected. The trial court concluded that plaintiffs were not entitled to…