Following the resolution of insurance coverage issues and the dismissal of the action against the uninsured motorist carrier, the plaintiffs sought costs thrown away on a substantial indemnity basis.
The plaintiffs argued the tortfeasor's insurer denied coverage for tactical reasons, necessitating a separate action.
The court rejected this argument, finding the insurer's denial of coverage due to lack of cooperation from its insured was reasonable.
The court awarded the plaintiffs partial indemnity costs of $3,500 plus $500 in disbursements for the extra discovery steps required, payable in the cause.
