Mahler v. Szucs

Summary

The court held that State Farm's policy required it to pay a pro rata share of the expenses its insureds incurred in obtaining settlements that included reimbursement for PIP payments. It vacated prejudgment interest because the disputed funds remained in the insured's attorney trust account and the insured retained their use value. It denied attorney fees under the insurance-coverage rule but awarded fees under the arbitration rule and remanded for findings supporting the amount of the award.