Following the dismissal of the plaintiff's action against her own insurer (TD) on a summary judgment motion, the court determined the costs payable to TD.
The plaintiff had entered into a Pierringer Agreement with the co-defendants and unsuccessfully pursued TD for excess coverage, adding an unjustified claim for punitive damages.
TD had made an Offer to Contribute $150,000 which the plaintiff rejected.
The court awarded TD costs of the entire action, fixing them at $72,070.93, applying a substantial indemnity scale from the date of the offer and a partial indemnity scale prior to that date.
