Following the successful summary dismissal of six actions for accident benefits as statute-barred, the defendant insurer sought costs.
The plaintiffs argued against costs, citing the novelty of the issues and the defendant's means.
The court rejected these arguments, noting the plaintiffs took a calculated risk and made meritless bad faith claims.
The court found the defendant's claimed costs, which were lower than partial indemnity, to be fair and reasonable, awarding a total of $113,500 across the six actions.
