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Legg v. Certain Underwriters at Lloyd's of London12/14/1999
uthority supra, which states "the claim for such penalties may also include the amount of suit expenses involved in collecting the insurance" (citation omitted). However, when read closely, this statement is pulled out of context as the case goes on to declare that "when vexatious delay occurred and plaintiff was necessarily required to go to expense of obtaining counsel to collect what was rightfully due her, she then and there became entitled to an additional sum for attorney's fees and tender by insurance company of face amount of policy did not extinguish her right to attorney's fees." Id. at 98.
No authority has been cited, nor could this court find any, specifically stating that litigation expenses other than attorney's fees are allowed pursuant to the penalty statutes. As such, the penalty statute must be strictly construed, which results in the reversal of the litigation expenses awarded to respondent.
CONCLUSION
The court's ruling in favor of Legg as to the accident being occupational because he was under dispatch, as to the intoxication exclusion being inapplicable, and as to the exclusion of appellant's expert evidence is affirmed. The judgment finding the insurer liable under section 375.296 and 375.420 for attorney's fees, statutory penalties, and litigation expenses is reversed.
Separate Opinion: None
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