Insurance lawyers are frequently asked, “Can you make the insurance company pay my attorney fees?”
Here is a case from the Southern District of Texas, Houston Division. The case is styled, Shane and Shannon Richardson v. Liberty Insurance Co.
Most case, over 98%, get resolved short of a trial. Some cases get dismissed for legal reasons soon after the lawsuit is filed or at the Motion for Summary Judgment stage of the case. The others reach a settlement. When a case is settled, the insurance company really doesn’t care how the settlement money is applied. They are going to pay a certain sum of money and how that money gets distributed, i.e., actual damages, exemplary damages, interest, court costs, or attorney fees is not really important to them.