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YOUNG v. MIDWEST FAMILY MUT. INS. CO.

No. S-05-540.

722 N.W.2d 13 (2006)

272 Neb. 385

Jennie L. YOUNG and Thomas J. Young, wife and husband, appellants, v. MIDWEST FAMILY MUTUAL INSURANCE COMPANY, appellee.

Supreme Court of Nebraska.

September 29, 2006.

Attorney(s) appearing for the Case

Thomas J. Young, Omaha, for appellants.

William E. Gast and Gene M. Eckel, of Gast & McClellan, Omaha, for appellee.

WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

CONNOLLY, J.

Under Neb.Rev.Stat. § 44-359 (Reissue 2004), a prevailing plaintiff can recover attorney fees against an insurance company. But under Neb.Rev.Stat. § 25-901 (Reissue 1995), an insurance company can shield itself from an award of attorney fees if it makes an offer to allow judgment and the plaintiff later fails to recover more than the amount offered. Midwest Family Mutual Insurance Company (Midwest) made written settlement offers to Jennie L...

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