Medford Wildfire Case Ruling Allows Attorney Fees Against Insurer for its Delay in Paying ALE (Additional Living Expense)

A renter in Talent, Oregon lost everything when her rental home burned up in the September 8, 2020, Almeda fire. She engaged Bonaparte & Bonaparte to file suit against her insurer (Lemonade Insurance Company) to recover compensation for her contents and unpaid ALE. In July 2021—11 months after the fire—Lemonade made a supplemental ALE payment, but disputed the insured’s entitlement to attorney fees. On September 30, 2021, Judge Charles Kochlacs of the Jackson County Circuit Court ruled that the insured was entitled to attorney fees based on the insurer’s delayed ALE payment. [See Opinion here.]