Following a successful trial judgment in a fire loss subrogated claim, the plaintiff sought costs of $222,804.
The plaintiff had served a pre-trial offer to settle for $625,000, which was significantly beaten by the $810,016.75 judgment, entitling the plaintiff to partial indemnity costs up to the offer and substantial indemnity costs thereafter.
The defendant argued for a reduction based on a strict percentage of actual fees billed.
The court rejected the defendant's mathematical approach, finding the plaintiff's counsel's discounted hourly rates reasonable and the time spent appropriate given the complexity of the case.
The court awarded the plaintiff the full amount claimed.
