Clark v. Aetna Finance Corp.

1 Citing case

  1. Allied Processors v. Western National Mut

    2001 WI App. 129 (Wis. Ct. App. 2001)   Cited 16 times
    Relying on DeChant to affirm the trial court's ruling that attorney fees are recoverable, and further awarding expert witness fees and attorneys' travel expenses as compensatory damages for bad faith claim

    Western National relies on cases in which fees are awarded to a prevailing party under statutes that provide for an award of "reasonable attorney fees." See, e.g., Standard Theatres, Inc. v. StateDept. of Transp., 118 Wis.2d 730, 349 N.W.2d 661 (1984) ("litigation expenses" under Wis. Stat. § 32.28(1) are defined to include "reasonable attorney . . . fees necessary to prepare for or participate in actual or anticipated [condemnation] proceedings"); Clark v. AetnaFin. Corp., 115 Wis.2d 581, 340 N.W.2d 747 (Ct.App. 1983) (Wisconsin Stat. § 425.308(1) provides for a "reasonable amount for attorney's fees" for prevailing consumer in consumer transaction). Western National asserts that our standard of review on this issue is the same as that we employed in deciding whether an insured may recover attorney fees as a component of damages — de novo.