Skach v. AAA Northern California, Nevada & Utah Insurance Exchange

Filing 101

ORDER denying 98 Motion for Attorney Fees. Signed by Judge Robert C. Jones on 11/19/2014. (Copies have been distributed pursuant to the NEF - KR)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6
JUDITH T. SKACH,
7
Plaintiff,
8
vs.
9
10
11

WESTERN UNITED INSURANCE CO., d.b.a.
AAA NEVADA INSURANCE CO.,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

3:12-cv-00464-RCJ-VPC
ORDER

12
13

This is a first-party insurance action arising out of an automobile accident. The Court

14

recently granted summary judgment to Defendant as to the non-contractual claims, but the breach

15

of contract claim remains for trial. Defendant has nevertheless asked the Court to award it

16

attorney’s fees for its defense of the non-contractual claims under Nevada Revised Statutes

17

section 18.010(2). The Court denies the motion as premature. It is not yet known whether

18

Plaintiff will prevail at trial on her breach of contract claim. If Plaintiff recovers less than

19

$20,000, or if she recovers more and the Court finds that the defense of the breach of contract

20

claim was frivolous, Plaintiff would herself be entitled to fees under the statute, despite having

21

lost on the non-contractual claims. See Valley Electric Ass’n v. Overfield, 106 P.3d 1198, 1200

22

(Nev. 2005) (quoting Women’s Fed. S & L Ass’n v. Nev. Nat’l Bank, 623 F. Supp. 469, 470 (D.

23

Nev. 1985) (Reed, J.)). It is also possible that the Court could find that Plaintiff is entitled to fees

24

based on an eventual victory on the breach of contract claim but that Defendant is entitled to fees

25

based on its victory against the non-contractual claims. Under those circumstances, setoff would

1

presumably be appropriate. The Court will not adjudicate attorney’s fees piecemeal. Finally,

2

fees may be controlled by contract in this case; if so, the statute will not apply by its own terms.

3

See Nev. Rev. Stat. § 18.010(4).

4
5
6
7
8
9
10

CONCLUSION
IT IS HEREBY ORDERED that the Motion for Attorney’s Fees (ECF No. 98) is
DENIED.
IT IS SO ORDERED.
Datedthis 12th day ofof November, 2014.
Dated this 19th day November, 2014.
_____________________________________
ROBERT C. JONES
United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 2 of 2