My candidate for the worst appeals court decision ever in a fee billing dispute case involving an insurer and an insured has to be Thomson Inc. v. Ins. Co. of N. Am., 11 N.E.3d 982 (Ind. Ct. App. 2014) trans. denied (May 15, 2015). Thompson was an environmental coverage case and one of the main issues was whether the insurers owed more than $5 Million in defense costs (which were awarded to the insured).
I believe the Thompson opinion is flawed for several reasons. It is so flawed in fact that I think the opinion should be considered as an outlier. But despite the opinion’s flaws, I think the case is nevertheless instructive for insurers and their attorneys and fee bill experts for what the court had to say about expert qualifications and what a expert opinion on fee billing should address. Continue reading