Following the dismissal of the plaintiff's action for insurance coverage, bad faith, and professional negligence, the successful defendants sought costs.
Economical sought substantial indemnity costs based on unaccepted offers to settle.
The court rejected this, finding no egregious misconduct by the plaintiff, and awarded costs on a partial indemnity scale.
The court fixed the partial indemnity hourly rates at 60% of actual rates and assessed the reasonableness of the time and disbursements claimed, including expert witness fees.
The court awarded $356,452.49 in costs to Economical and $183,979.82 to FCA, emphasizing the objective of fixing an amount that is fair and reasonable for the unsuccessful party to pay.
