The recovery of attorneys’ fees is an important issue in almost every lawsuit, and especially for policyholders in litigation against their insurer. In almost every case, the policyholder and its insurer will dispute whether the policyholder’s attorneys’ fees are reasonable and necessary, with insurer arguing that they are not. On Tuesday, February 7, 2016, the Texas Supreme Court heard oral argument in In re National Lloyds Insurance Company, Wardlaw Claims Service, Inc., and Ideal Adjusting, Inc., Case No. 15-0591, regarding whether a policyholder seeking recovery of its attorneys’ fees should be permitted to discover its insurance company’s attorneys’ fee information—such as hourly rates and time spent on the matter.
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