Pleading: Attorney Fees
Flynn and Miller v. Montana State Fund [07/14/10] 2010 MTWCC 26 Petitioners may amend their petition to include claims for attorney fees where Petitioners alleged that they could not have raised the issue sooner because the insurers’ allegedly unreasonable actions only arose recently in the course of the litigation. |
| Stavenjord v. State Fund [8/27/04] 2004 MTWCC 62 The claimant need not plead the request for common fund fees in the original petition. |
| Schmill v. Liberty Northwest Ins. Co. and State Fund [6/4/04] 2004 MTWCC 47 Since entitlement to common fund attorney fees arises only after the precedent giving rise to the common fund has been established, the attorney claiming the fees may seek them after the precedential decision and need not plead the request for fees in the original petition. |
| Flynn v. State Fund [8/5/03] 2003 MTWCC 55 Failure to request common fund attorney fees in the petition or pretrial order does not preclude a claimant from requesting such fees after litigating his or her claim on the merits. The claim for common fund fees arises only after the claimant has established a precedent benefitting other claimants. |