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Is Jury Award of Attorney Fees Covered by At-Fault Driver's Auto Insurance Policy?
Kimberly Neal-Pettit v. Linda Lahman et al., Case no. 2009-0325
8th District Court of Appeals (Cuyahoga County)
ISSUE: When a jury makes awards of punitive damages and attorney fees to the plaintiff in a personal injury lawsuit based on a finding that the driver responsible for her injuries acted "with malice," is the attorney fee portion of that award covered by the defendant's auto insurance policy, or is it precluded from coverage by a policy exclusion for "punitive damages, fines or penalties?"