People v. Legler - Colorado Supreme Court

People v. Legler

By Colorado Supreme Court

  • Release Date: 1998-11-30
  • Genre: Law
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People v. Legler Colorado Supreme Court Book Review Score: ★★★★★ 5/5 stars

Allstate Insurance Company petitioned for review of the judgment of the court of appeals in Huizar v. Allstate Insurance Co., 32 P.3d 540 (Colo. App. 2001) (Huizar II), affirming an award of attorney fees in favor of Gloria Huizar. The district court awarded attorney fees for Huizars successful challenge to a provision of the insurance contract that allowed Allstate to litigate de novo the same issues that had already been resolved by arbitration. The court of appeals found that an award of attorney fees was permitted by the express terms of the contract and, in any event, by the public policy considerations articulated by this court in declaring the de novo trial provision of the insurance contract void as against public policy. See Huizar v. Allstate Ins Co., 952 P.2d 342 (Colo. 1998) (Huizar I). Because we find that the contract cannot be construed to permit an award of attorney fees under the circumstances of this case and neither the statutes nor policy considerations upon which we relied in Huizar I create a new exception to the rule that each party must bear its own attorney fees, the judgment of the court of appeals is reversed and the case is remanded for further proceedings.

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