United States Ninth Circuit

Following plaintiff's successful result in obtaining confirmation of an arbitration award against defendant-insurer regarding his disability insurance claim, the district court's rulings are: 1) reversed and remanded, as to the denial of plaintiff's request for interest and attorney's fees, where the decision of the arbitrators, which awarded plaintiff interest on contract damages, did not foreclose the district court from awarding interest on the remaining portions of the arbitration award, and plaintiff is entitled to post-award, pre-judgment interest and attorney's fees under Nevada law; and 2) affirmed as to the denial of defendant's request for return of an alleged overpayment to plaintiff from an escrow fund.

Appellate Information

• Decided 08/05/2013
• Published 08/05/2013

Judges

• DUFFY

Court

• United States Ninth Circuit

Counsel