Expert Fees Not Recoverable Under Bad Faith Statute

Expert Fees Not Recoverable Under Bad Faith Statute

September 2008

In a recent federal case, an insured pursued a bad faith insurance claim against its carrier, seeking damages expressly provided for in the statute (punitive damages, interest, attorney’s fees and court costs), but also seeking consequential damages and expert fees under the statute. The insured conceded it could not get consequential damages, but still pursued the expert fees. The Court found that the statute clearly did not provide for recovery of expert fees, and granted a motion to strike those claims. Standard Steel, LLC v. Nautilus Insurance Company, No. 08-195, U.S. District Court, Western District of Pennsylvania (Sept. 17, 2008). For more information contact Lee Applebaum, lapplebaum@finemanlawfirm.com or (215) 893-8702.