RICHARDSON v. KENTUCKY NAT. INS. CO.

No. 31658.

607 S.E.2d 793 (2004)

216 W.Va. 464

Marie RICHARDSON, Plaintiff Below, Appellant, v. KENTUCKY NATIONAL INSURANCE COMPANY, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Filed: December 3, 2004.


Attorney(s) appearing for the Case

Thomas Gene Truman, Esq., Beckley, for Appellant.

Amy M. Herrenkohl, Esq., Herrenkohl Law Office, Barboursville, for Appellee.


STARCHER, Justice.

In this appeal from the Circuit Court of Raleigh County, we are asked to review an order awarding attorney's fees to a policyholder for litigating an action against an insurer to enforce an insurance contract. While the case law of this Court supports an award of reasonable attorney's fees in such an action, the circuit court determined that the amount of a "reasonable" fee was a question of fact, and submitted the question to a jury for resolution...

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