Smith v. Union Insurance

This is an appeal of an award of an attorney fee to plaintiffs’ counsel under the provisions of Neb. Rev. Stat. § 44-359 (Reissue 1978). The error assigned is the inadequacy of the fee awarded.

The plaintiffs filed suit against their insurance company in the county court for Furnas County, seeking to recover the damages to their automobile caused by a windstorm. The insurance company offered to confess judgment in the amount of $879.90 plus costs. The plaintiffs rejected this offer and insisted on a jury trial, which resulted in a verdict of $1,235.55. Neither party appealed from the judgment…