Consolidated Underwriters v. Loyd W. Richardson Construction Corp.

KEITH, Justice.

The insurer appeals from an award of attorney’s fees and expenses incurred in the successful defense of a lawsuit by the insured’s own counsel after the insurer had withdrawn from the defense thereof. The reasonableness of the amount of the fee and the expenses was stipulated. We will term this item “defense” expense. The insured also sought attorney’s fees incurred in this litigation to collect its fees paid in the first case, but these latter fees (which we will call “attack” fees) were denied. Trial was to the court with extensive findings of fact and conclusions of law…