Brinkman v. Aid Insurance Co.

HUNTLEY, Justice.

This appeal involves the determination of when an accident victim’s insurer may be required to pay claimant’s attorney fees under I.C. § 41-1839 and more particularly, what procedural actions are required to invoke that statute, and how attorney fees are to be calculated. The appeal further involves issues of the applicability of the collateral source doctrine and when and to what extent prejudgment interest may appropriately be awarded.

BACKGROUND OF THE APPEAL

Robert Brinkman, an insured of Aid Insurance Company, was severely injured in an automobile accident caused by an…