Ola Rose Gafford and Randy Gafford, Petitioners v. Allstate Insurance Company, Respondent — Baker, J., Concurring

Summary

Justice Baker concurred in the majority’s disposition but would have used a different statutory-construction analysis. She reasoned that the insurance-fee statute is ambiguous regarding whether a party failing to satisfy its recovery threshold may invoke the general attorney-fee statute, and that legislative history resolves the issue by making the insurance statute exclusive. The concurrence therefore agrees that attorney’s fees are unavailable under the general statute in an insurance-contract action.