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Allstate Fire & Casualty Insurance Co. v. Howell-Herring

Court: Tx 2-Ft Worth  04/21/2022  Court Affirms Attorneys' Fees Award Despite Attorney Missing Expert Designation Deadline

The Court found that trial court had impliedly found that the attorneys' failure to timely designate a witness on attorneys' fees did not prejudice opposing counsel by unfairly surprising them because they knew four months prior to the time of the attorneys' fees hearing that attorneys' fees would be sought and further had the attorneys' fees affidavit for two weeks prior to the hearing but still did not designate a rebuttal expert.

auto insurance, UM, UIM, underinsured, uninsured, declaratory judgment, attorneys' fees, expert designation

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