(Download) "Billings v. Union Bankers Ins. Co." by Supreme Court Of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: Billings v. Union Bankers Ins. Co.
- Author : Supreme Court Of Utah
- Release Date : January 19, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Glen A. Billings brought this action on behalf of his son Stanley D. Billings (""Billings"") against Union Bankers Insurance Company (""Union Bankers""), alleging that Union Bankers breached both the express terms and the implied covenant of good faith and fair dealing contained in a catastrophic [918 P2d Page 463] health insurance contract. The case was tried to a jury, which found a breach of both the express and the implied terms of the contract and returned a $1,800,000 verdict in Billings' favor. The district court also awarded Billings ""reasonable"" attorney fees of $110,651 but refused to hold Union Bankers liable for the substantially higher contingency fee which Billings actually incurred. Union Bankers appeals the jury verdict, and Billings cross-appeals the award of attorney fees. We affirm the verdict but vacate the award of attorney fees and remand for recalculation of Billings' recoverable fees in accordance with his fee agreement. In June of 1984, Billings entered into a catastrophic health insurance contract with Union Bankers in which Union Bankers agreed to pay certain medical expenses incurred by Billings as a result of injury or sickness. Covered expenses included hospital inpatient services, room, and board; skilled nursing facility services, room, and board; and home health care services. In addition, the policy contained a miscellaneous benefits rider in which Union Bankers agreed to pay, among other things, certain out-of-hospital medical expenses. Throughout the period of the policy, Billings paid the premiums and performed each act required to keep the policy in full force and effect.
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