Opinion

McNeely v. State Farm LLoyds

Court
District Court, N.D. Texas
Filed
Jun 5, 2023
Cited by
0 cases

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

KELLY A. AND LISA G. MCNEELY, §

§

Plaintiffs, §

§

v. § Civil Action No. 4:21-cv-01120-O

§

STATE FARM LLOYDS, §

§

Defendant. §

ORDER PARTIALLY ACCEPTING AND PARTIALLY REJECTING FINDINGS,

CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES

MAGISTRATE JUDGE

This is an attorneys’ fees dispute arising from a hail damage case. Before the Court is

Plaintiffs’ briefing on the request for attorneys’ fees (ECF No. 86), filed November 4, 2022.

Defendant filed its brief in opposition to Plaintiffs’ request for attorneys’ fees (ECF No. 88) on

November 11, 2022, and Plaintiffs filed their reply on November 18, 2022 (ECF No. 89). On

March 1, 2023, the United States Magistrate Judge issued his Findings, Conclusions, and

Recommendation (ECF No. 91) wherein he recommended that the undersigned grant Plaintiffs’

request for $1,955 in attorneys’ fees. That figure corresponds with the amount that Plaintiffs’

attorneys were allegedly underpaid when Defendants voluntarily prepaid Plaintiffs’ economic

damages—and Plaintiffs’ attorneys’ fees up to that point—on May 2, 2022.1 The United States

Magistrate Judge further recommended that the undersigned deny Plaintiffs’ additional request for

an award of all attorneys’ fees and costs incurred in the months after Defendant prepaid damages.

Subsequently, on March 15, 2023, Plaintiffs and Defendant each filed their respective objections

1 Specifically, Plaintiffs’ attorneys invoiced $21,135 in fees as of March 2022, plus an additional $240 in

fees by May 2022, whereas Defendant only paid $19,420 in fees on May 2, 2022, for a disparity totaling

$1,955. Def.’s Resp. Br. 7, ECF No. 88. Note, Defendant slightly miscalculated the total disparity as $1,965

in their briefing. Id.

to the Findings, Conclusions, and Recommendation of the United States Magistrate Judge (ECF

Nos. 92, 93). As such, the question regarding attorneys’ fees is ripe for consideration.

After reviewing all relevant matters of record in this case in accordance with 28 U.S.C.

§636(b)(1), the undersigned District Judge determines that the Findings, Conclusions, and

Recommendation of the Magistrate Judge should be ACCEPTED in part and REJECTED in

part. Specifically, the Court DENIES Plaintiffs’ request for additional attorneys’ fees and costs

and DENIES Plaintiffs’ request for the $1,955 in attorneys’ fees arising from the contested

prepayment discrepancy.

BACKGROUND2

This is a dispute between an insurance company and its insured over hail damage to the

insured’s roof. Defendant State Farm Lloyds refused to pay Plaintiffs Kelly A. and Lisa G.

McNeely the full amount that was due for two years. However, on May 2, 2022, Defendant paid

Plaintiffs the actual cash value of the hail damage as set by the appraisal conducted pursuant to

their insurance policy; all amounts due them for its delay in paying these policy benefits under the

Texas Prompt Payment Claim Act (“TPPCA”); and $19,420 in attorneys’ fees owed to them for

pursuing this case. Plaintiffs continued litigating this case after that payment in order to pursue

certain extracontractual claims and to recover the $1,955 in attorneys’ fees they were allegedly

underpaid as of May 2, 2022.3 Later, this Court granted Defendant’s Motion for Summary

Judgment as to Plaintiffs’ breach of contract and extracontractual claims, denied it as to their claim

for attorneys’ fees, and dismissed Plaintiffs’ TPPCA claim as moot. This Court then ordered the

parties to file additional briefing on Plaintiffs’ claim for attorneys’ fees due to the $1,955

2 This recitation of the facts is taken from Judge Ray’s Findings, Conclusions, and Recommendation

unless otherwise specified. Findings, Conclusions, and Recommendation 1–2, ECF No. 91.

3 Pls.’ Mot. 1–4, ECF No. 86.

discrepancy. In their briefing, Plaintiffs demanded both the disputed $1,955 and an award for all

the attorneys’ fees they accrued in the months between Defendant’s May 2, 2022 payment and the

Court’s summary judgment.4

PLAINTIFFS’ OBJECTIONS

In parts B and C of the analysis in his Findings, Conclusions, and Recommendation, the

United States Magistrate Judge held that Plaintiffs’ failure to prevail on any claim at summary

judgment precluded them from recovering additional attorneys’ fees and costs. Plaintiffs object to

these portions of the Findings, Conclusions, and Recommendation. Plaintiffs argue that their loss

at summary judgment is irrelevant since Plaintiffs de facto prevailed when Defendants prepaid

damages early in this case. Plaintiffs base their argument solely on the Texas Supreme Court case

JCB, Inc. v. Horsburgh & Scott Co. where the court held that a plaintiff was entitled to attorneys’

fees even though the defendant prepaid the disputed commissions after the plaintiff filed suit. 597

S.W.3d 481, 491–92 (Tex. 2019). According to Plaintiffs’ reading of JCB, Plaintiffs are the

prevailing party in this case—and thus entitled to attorneys’ fees and costs—since Defendant paid

a large portion of the damages they demanded at the time they filed suit. However, JCB actually

works against Plaintiff since it stands for the general proposition that the prevailing party is

determined at the time of judgment. As Justice Blacklock made clear in his opinion:

The question for the factfinder is how much the defendant owes the plaintiff today.

The question is typically not how much the defendant owed the plaintiff at some

date in the past. Nor is it how much the defendant would have owed the plaintiff if

the defendant had not already paid. The usual question for the factfinder is how

much the defendant owes the plaintiff at the time the factfinder assesses liability.

JCB, 597 S.W.3d at 486 (second emphasis added). Further, the part of JCB that Plaintiffs cite in

support of their objection is distinguishable from this case because the particular statute at issue in

JCB did not even have a “prevailing party” requirement for recovering attorneys’ fees, and the

4 Id. at 8.

court declined to infer one. Id. at 491. Contrarily, the relevant statute here, § 38.001 of the Tex.

Civ. Prac. & Rem. Code, requires a “valid claim” for attorneys’ fees to be recoverable, thus

codifying the prevailing party requirement. See also Crenshaw v. State Farm Lloyds, No. 4:18-

CV-00236-O, 2020 WL 12990985, at *2 (N.D. Tex. Feb 1, 2020) (O’Connor, J.) (declining to

award attorneys’ fees to a party that lost at summary judgment). Accordingly, since Plaintiffs lost

at summary judgment, they are not a prevailing party entitled to attorneys’ fees, even when

considering the monetary relief Defendant voluntarily disgorged early in this suit.5

Relatedly, Plaintiffs contend that the Court should require Defendant to pay all of

Plaintiffs’ attorneys’ fees and costs in order to penalize Defendant for attempting to “nickel and

dime fees” earlier in this case, while also disincentivizing future insurance companies from

engaging in such behavior.6 However, Defendant’s strategic gamesmanship is not a new

phenomenon, and Texas courts considering similar circumstances have found that a defendant can

prepay damages to avoid statutory liabilities, including liability to pay attorneys’ fees and costs.

See, e.g., Rosales v. Allstate Vehicle and Prop. Ins. Co., No. 05-22-00676-CV, 2023 WL 3476376

at *6 (Tex. App.—Dallas, May 16, 2023) (citing JCB, 597 S.W.3d at 485–90). Thus, Plaintiffs’

policy arguments are unpersuasive.

Overall, the Court accepts parts B and C of the Findings, Conclusions, and

Recommendations, and the Court holds that Plaintiffs are not entitled to additional attorneys’ fees

since they are not a prevailing party under § 38.001 of the Tex. Civ. Prac. & Rem. Code.

DEFENDANT’S OBJECTIONS

5 Notably, prepayment of damages does not constitute a favorable settlement in advance of judgment

through which a party may claim to have prevailed. Rosales v. Allstate Vehicle and Prop. Ins. Co., No. 05-

22-00676-CV, 2023 WL 3476376 at *6 (Tex. App.—Dallas, May 16, 2023) (holding that prepayment of

damages “does not create an involuntary, unilateral settlement”).

6 Pls.’ Obj. 3, ECF No. 92.

Defendant objects to part A of the analysis in the Magistrate Judge’s Findings,

Conclusions, and Recommendation which awards Plaintiffs the $1,955 in attorneys’ fees arising

from the aforementioned prepayment discrepancy. As established above, Defendant’s prepayment

for Plaintiffs’ hail damage does not make Plaintiffs the prevailing party. Further, Defendant

correctly notes that its voluntary payment of $19,420 in attorneys’ fees did not create a new duty

to pay anything more “that did not otherwise exist.”7

Recognizing these facts, the Magistrate Judge bases his decision in part A on an apparent

concession offered by Defendant. Specifically, the Magistrate Judge writes that Defendant agreed

it would be reasonable to pay the additional amount of $1,955 in attorneys’ fees.8 However,

Defendant claims it never agreed to paying the additional $1,955, and, by bringing up the

additional fees in its brief, it only meant to illustrate the most it would owe if the court held that

Plaintiffs were a prevailing party.9 Pertinently, as Defendant stated in its brief opposing Plaintiffs’

request for attorneys’ fees:

Even if § 542A.007 did not preclude Plaintiffs’ pursuit of additional fees, and even

if Plaintiffs were immune from the requirement that they qualify as a prevailing

party, then the most Plaintiffs could establish in fees would be the delta between

the $21,135 reflected on the March 18, 2022 invoice and the $19,420 already paid.

So, if there is actually a fact issue, then it is a $1,715 fact issue. Or, perhaps as much

as $1,965 if the additional $240 Plaintiffs incurred between March 14 and May 2,

2022 were included.10

In this Court’s view, the excerpted language does not amount to a concession on the part of

Defendant to pay Plaintiffs an additional $1,955 in attorneys’ fees. Accordingly, the Court rejects

part A of the United States Magistrate Judge’s Findings, Conclusions, and Recommendation.

CONCLUSION

7 Def.’s Obj. 3, ECF No. 93.

8 Findings, Conclusions, and Recommendation 4, ECF No. 91.

9 Def.’s Obj. 2, ECF No. 93.

10 Def.’s Resp. Br. 7, ECF No. 88 (emphasis original). Note, this is where Defendant miscalculates the delta

as $1,965, when the correct figure is $1,955.

For the reasons stated herein, the Court ACCEPTS in part and REJECTS in part the

Findings, Conclusions, and Recommendation of the United States Magistrate Judge (ECF No. 91).

Specifically, the Court DENIES Plaintiffs’ request for additional attorneys’ fees and costs and

DENIES Plaintiffs’ request for $1,955 in attorneys’ fees arising from the contested prepayment

discrepancy.

Finally, having denied Plaintiffs’ requests for attorneys’ fees, and having previously

resolved all their other claims, the Court hereby DISMISSES this case with prejudice. Final

Judgment shall issue.

SO ORDERED on this 5th day of June, 2023.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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