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Biegler v. American Family Mutual Insurance Company1/24/2001
s counsel claims to have spent 96.30 hours defending American Family's appeal and estimates that one-half of that time or 48.25 hours can be attributed to the breach of insurance contract issues.á At a claimed rate of $150 an hour, Biegler is asking for appellate attorney fees of $7,222.50.á American Family responds that Beigler's request is unreasonable as its total billing for prosecution of this appeal is only $4,756.82 and that, further, there is no basis for such an award in the first instance.
[ .] SDCL 58-12-3 does allow this Court to award reasonable attorney fees when we affirm a trial court's finding that an insurer has refused to pay the full amount of an insured's loss and that the refusal was vexatious or without reasonable cause.á Since we have upheld the trial court's insurance and attorney fee rulings, we will grant Biegler reasonable appellate attorney fees pertaining to the insurance coverage issues in the amount of $2,750.áá
[ .] MILLER, Chief Justice, and SABERS, AMUNDSON, and GILBERTSON, Justices, concur.
[ .] JOHNS, Circuit Judge, for KONENKAMP, Justice, disqualified.
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