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: Legal Pad | LACal Supremes unanimous in clarifying attorney fees rule
By Richard Binder
The California Supreme Court affirmed the Fourth District Court of Appeal's unpublished 2007 ruling that a woman in a 2003 car accident needed to be ?made whole? as to all damages, but that her attorney fees in securing compensation from a third party were subject to a separate equitable apportionment between her and her insurer.
The opinion by Justice Judith L. Haller?in which Justice Alex C. McDonald joined?held that the made-whole rule does not require an insurer seeking reimbursement to consider the attorney fees the insured expended in recouping her losses from a third party tortfeasor.
John T. Brooks of Luce, Forward, Hamilton & Scripps argued before the California Supreme Court on behalf of Quintana while 21st Century was represented by Robert S. Gerstein.
Full post as published by Legal Pad | LA on August 25, 2009 (boomark / email).
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