Shumake v. Foshee

At issue in this automobile accident case is whether the trial court properly awarded plaintiff an enhanced prevailing party fee. The court awarded such a fee based on a number of findings, including that defendant — through his insurer — engaged in bad faith and deceitful tactics, that defendant lied to plaintiffs attorney about the existence of an estimate of damages, and that defendant employs a computerized method of handling claims that has the effect of taking case evaluation away from individual adjusters and attorneys. We conclude that, as a matter of law, some of the findings are not…