Supreme Court Costs

Costs: Supreme Court Costs

Liberty Northwest Insurance Corp. v. Nancy Petak [11/17/99]1999 MTWCC 73 Because medical center and not insurer was entity which disputed claimant's attorney medical lien and insisted on full payment without attorneys fees, costs on appeal to Supreme Court are appropriately billed to that entity.

Marcott v. Louisana Pacific Corporation [4/26/96]1996 MTWCC 33 Where insurer successfully defended claimant’s appeal of lower court’s refusal to award attorneys fees and penalty, insurer is entitled to offset its costs on appeal against claimant’s costs at trial, but cannot recover its own costs at trial where it lost the substantive trial issues.

Larson v. CIGNA Ins. Co. [09/19/95] 1995 MTWCC 73 Under section 25-10-104, MCA, costs on appeal are mandatory unless a new trial is ordered or the judgment was merely modified. Where the Supreme Court found this Court committed an error of law, and this Court’s decision was “reversed and remanded,” claimant is entitled to his costs.