Ware v. United States Fidelity & Guaranty Co.

CERCONE, Judge:

This is an appeal from a judgment in favor of appellant, Roberta Ware, which required appellee, United States Fidelity & Guaranty Company (“Fidelity”) to pay non-record costs and nominal counsel fees. For the reasons set forth below, we vacate the award and remand the case to the trial court.

Appellant sustained personal injuries as a result of a motor vehicle accident which occurred in February of 1981. On August 2, 1981, as part of her effort to obtain reimbursement for medical expenses incurred, Ms. Ware submitted to Fidelity a claim for professional services rendered by…