California: Attorney’s Fee Award for Prevailing Defendant Bill Introduced

AB 1897, regarding civil actions: prevailing defendant, attorney’s fees, has been introduced. The bill has yet to be assigned to a committee for a public hearing.

The legislation requires a court, whenever a defendant prevails in a civil action, to award reasonable attorney’s fees to a prevailing defendant against the plaintiff upon a finding by the court that the plaintiff’s prosecution of the action was not in good faith.

NAMIC will consult with its trade partners to evaluate whether this is a bill the insurance industry should politically engage in, since it has the potential of discouraging the filing of frivolous legal claims against insurers and other defendants.