Attorney Fees: Request For

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.
Charlson v. Montana State Fund [07/01/10] 2010 MTWCC 23 Respondent attempted to subvert the procedure specified in ARM 24.5.301(3) by moving to dismiss Petitioner’s claim for attorney fees and penalty, alleging that no evidence indicated that Respondent acted unreasonably in the adjustment of Petitioner’s claim.  Respondent suggested that if Petitioner learned through discovery that Respondent unreasonably denied his claim, Petitioner could amend his petition to reinstate the claims.  The Court denied Respondent’s motion, noting that both the parties and the Court are better served by following the procedure established by the Court’s rules and scheduling order. 
Wright v. Ace American Ins. Co. [05/24/10] 2010 MTWCC 11 Claimant is not entitled to his attorney fees where he does not allege that the insurer has been unreasonable, but rather alleges that he should receive attorney fees because he cannot afford to pay his attorney out of any award he may receive. Claimant's argument does not provide a statutory basis for an award of attorney fees.
Lanes v. Montana State Fund [09/10/07] 2007 MTWCC 39 Petitioner failed to file with the Court a particularization of the grounds upon which he bases his request for attorney fees as required by this Court’s Scheduling Order. Claimants must particularize the basis of any claim for attorney fees no later than the time specified for final exchange of exhibits and witness lists, setting forth which actions or inactions of the insurer were unreasonable.
Markovich v. Liberty Northwest [06/14/07] 2007 MTWCC 21 Attorney fees and a penalty, when not addressed in a previous decision and not issues essential to that decision, may be brought in a later action. Ware v. State Compensation Ins. Fund, 1997 MTWCC 26. Therefore, although Petitioner ultimately failed to prove unreasonableness on the part of the insurer, the Court entertained Petitioner’s argument that although acting pro sé in the present action, he is entitled to attorney fees for work previously done on his case by retained counsel.

Peterson v. Montana Schools Group Ins. Authority [06/02/05] 2005 MTWCC 30 Attorney Fees: Request For. Pursuant to the scheduling order of the Workers’ Compensation Court, a claimant seeking attorney fees must provide the respondent with “a particularization of the grounds or basis for any penalty or attorney fees sought by the claimant” and must do so by the date fixed in the order. (Refer to Footnote 1.)
Peterson v. Montana Schools Group Ins. Authority [06/02/05] 2005 MTWCC 30 A request for attorney fees must be pled in the petition. (Refer to Footnote 1.)