After winning a long running battle with an insurance company, our attorneys sought an award of legal fees for the firm’s client, to be paid by the insurance company. The federal law called as “ERISA” gives the winning party the opportunity to make a fee application, if certain criteria can be met.
In issuing his original decision, the judge noted that an award was necessary to send a signal to other insurance companies to refrain from the type of bad faith conduct that was proven in the case. Lijoi v. Continental Insurance Company, No. 01-cv-4536 (EDNY). The federal judge adopted the recommendations of a magistrate and awarded $135,000 to the client, to be paid by Continental. That award covered the initial phases of the case, and there is now pending another application for an additional sum of legal fees in excess of $100,000.
Evan S. Schwartz
Founder of Schwartz, Conroy & Hack
800-745-1755
ESS@schwartzlawpc.com